Last Modified on September 27, 2012
DISCLAIMER: Our Terms and Conditions of Use are written and intended to be read in English. We use Google Translate for convenience only. We do not guarantee that Google Translate will accurately translate all or any of the "legal terms" in these Terms and Conditions of Use. By continuing to use our website, you release www.relentlessshred.com, and Rising Force Records, LLC, from any and all liabilities resulting from your use of Google Translate to read these Terms and Conditions of Use.
You must read, review, understand and agree to this Agreement BEFORE you access the Website. If You do not wish to be bound by each and every provision of this Agreement, then You may not use this Website. All terms must be adhered to, and You may not unilaterally disregard any portion of this Agreement. If You do not understand all of the terms in this Agreement, then You should consult with an attorney before creating an account or otherwise accessing/using any portion of this Website, other than this Agreement. You demonstrate your unconditional and affirmative agreement to be bound by the terms of this Agreement by creating an account and/or continuing to use and/or access the Website after having the opportunity to view this Agreement.
Company reserves the right, from time to time, to revise this Agreement and You agree that Company has this unilateral right. You agree that all modifications or changes to this Agreement shall supersede any prior versions immediately upon its/their posting; the prior version(s) shall have no continuing legal effect, and You affirmatively agree to be bound by the new, superseding terms of this Agreement and assume responsibility for any resulting breaches of the Agreement. In such event, the "Last Modified Date" at the top of this Agreement shall be updated to reflect the date this Agreement was changed/modified. For this reason You hereby agree to regularly, on an at least a monthly basis, review this Agreement to ensure there have been no changes/modifications. In the event there are changes/modifications, You agree to review the changed/modified Agreement. In the event that You do not agree, for any reason, with any change or modification to this Agreement, You must immediately close Your account with the Website, cease using the Website and contact Company at firstname.lastname@example.org with a subject headline "Agreement Modification - Termination". Any continued use of the Website following the posting of a revised/modified Agreement, regardless of Your failure to adhere to your obligation to review this Agreement, shall be deemed your consent to all changes/ modifications in the changed/modified Agreement and a waiver of any rights to dispute the Agreement's terms.
2. Membership: The Website contains viewable images, video and other content including but not limited to text, software, images, photographs, videos, music, graphics, data, messages and other information (collectively the "Content"). You shall be solely responsible for providing all equipment necessary to access the Website. You may access the non-public portion of the Website by completing an online registration form and paying the appropriate membership fee. In connection with completing the online registration form, You agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the 'Registration Data'); (b) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while You are a member; and (c) that you are over the age of 18 years of age. If you provide any information that is untrue, inaccurate, not current or incomplete, or Site or any of its authorized agents suspect that such information is untrue, inaccurate, not current or incomplete, Site reserves the right to suspend or terminate Your account and refuse any and all current or future use of the Site, as well as subjecting You to criminal and civil liability.
You acknowledge and agree that Company may provide different tiers of membership for use of the Website which (a) permits and/or restricts access to certain Content based on your tier of membership; and/or (b) require different fees to be paid to Company for access to different membership tiers. You acknowledge and agree that membership in any one particular tier may not provide you access to all Content available on the Website and that Company may determine in its sole discretion the Content made available to each membership tier.
As part of the registration process, You will be issued a unique user name and password which you must provide in order to gain access to the non-public portion of the Website. You certify that when asked to choose a username you will not choose a name which may falsely represent You as somebody else, or a name which may otherwise be in violation of the rights of a third party. We reserve the right to disallow the use of usernames that Company in our sole discretion, deem inappropriate and/or to terminate the membership of any member who violates this section, in our sole discretion. Your membership, the ID and password are nontransferable and non-assignable. You represent and warrant that You will not disclose to any other person your unique user name and password.
You are solely responsible for maintaining the confidentiality of your user name and password, and You are fully responsible for all activities that occur under your user name and password. You agree to (a) immediately notify Company of any actual or suspected unauthorized use of your user name and password or any other breach of security, and (b) ensure that You exit from your account at the end of each session. You are liable and responsible for any unauthorized use of the Website until you notify Company in writing regarding that unauthorized use. Unauthorized access to the Website is illegal and a breach of this Agreement. You hereby agree to indemnify Company against any and all activities conducted against Company, its members, managers, officers, directors, employees and affiliates and/or the Website through your account.
3. Limited License: By agreeing to the terms of this Agreement, You are granted a non- exclusive, non-transferable license to view and access the Content for personal, non- commercial purposes. In connection with this license, You may not use the Website or the Content for any other purposes including but not limited to any of the below. These restrictions are illustrative and non-exhaustive. If Company detects or believes that You or anyone acting with your authority takes any of the following actions or otherwise breaches any provision of this Agreement, Company reserves the right, without wavier of any right to take any other legal action against You, to terminate your membership immediately, without notice and bar access from the Website.
a. Sell, assign, sublicense or otherwise share or provide your membership to the Website or relevant log-in codes with any third party;
b. Publish, post, share, trade or offer for use/viewing any or all of the Content to or through any websites or services including without limitation any bit video hosting sites, bit torrents or any other similar technology
c. Publish, display, distribute, share, transmit, copy, or duplicate any part of the Website or any Content contained therein for any purpose, except for your own personal non-commercial purposes as is permitted hereunder;
d. Create and/or display or distribute any derivative works based on the Website or any of the Content therein; Disassemble, decompile or reverse engineer the Website or any of the Content. Circumvent any encryption or other security tool(s) used in connection with the Website; or
e. Engaging in activity that compromises the Website including but not limited to hacking, IP attacks, worms, viruses, spamming, phishing, cancel bots, Trojan horses, mail bombing or crashing; or
f. Engaging in any activity designed to impede the use of the Website by other users, including, but not limited to, any activity that jams the website, including overloading and flooding.
g. Accessing the PCT by means of an automated process, spiders, bots or similar device.
h. Remove any copyright or other proprietary notices from the Website or any of the Content contained therein.
i. Use any device, software, computer code, computer commands or virus to interfere, or attempt to disrupt or damage the Website, the Content or otherwise engage in any illegal activities.
4. Membership Fees: The initial term of your membership and the minimum term of membership shall be for one (1) month (the "Initial Term"). Upon the expiration of the Initial Term or any Renewal Term, your membership shall be automatically renewed for consecutive one (1) month periods (each a "Renewal Term") at the then-current monthly rate, unless You terminate Your account membership at least seven (7) days prior to the end of the Initial Term or the then current Renewal Term. To terminate, you must contact email@example.com and place the word "Termination" in the subject line or otherwise do so through the Website, if applicable. Membership fees to the Website are prominently displayed prior to your subscription thereto, and shall be charged on a per month basis with the first month charged upon registration and thereafter on the monthly anniversary of your registration date. You agree to pay all membership fees when due according to these billing terms. At the time of registration, you must select a payment method. You will be redirected to a secure website belonging to a third party payment processor to whom you will directly submit your payment information. We will not receive your credit card number or ACH payment account numbers. Certain third party payment processors. Unless and until this Agreement is terminated in accordance with the terms hereof, You hereby authorize Company or its third party service providers to charge Your chosen payment method to pay for the ongoing cost of your membership. Payments made through a third party payment processor will be subject to such third party payment processor's own terms and conditions. Your card issuer and/or banking institution agreement may contain additional terms with respect to Your rights and liabilities as a cardholder. We reserve the right to make changes to Company fees and billing methods, including the addition of supplemental charges for any content or services provided by the Website, with or without prior notice to You, at any time. AGAIN, THIS WEBSITE USES AN AUTOMATIC REBILL CYCLE IF YOU DO NOT TERMINATE YOUR MEMBERSHIP AS SET FORTH ABOVE, YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW AND YOUR CREDIT CARD OR BANK ACCOUNT WILL BE CHARGED FOR SUCH RENEWAL TERM. IN NO EVENT SHALL ANY FEES PAID OR CHARGED DURING THE INITIAL TERM OR RENEWAL TERM BE REFUNDABLE EXCEPT IN THE EVENT OF A LEGITIMATE BILLING ERROR BY COMPANY.
You are responsible for dishonored checks and any related fees that Company may incur with respect to your account. Similarly, You are solely responsible for any overdraft fees or similar charges You may receive as a result of not maintaining your account in good standing with the banking and/or credit institution. In the event that You stop payment, request a chargeback or claim any charge actually made by You as being fraudulent, unauthorized or similarly not made by You (including fraudulently claiming the purchase was made by a minor), Company reserves the right to pursue both civil and criminal action against you for such fraudulent action.
5. Billing Errors: If You believe that you have been erroneously billed, please notify Company immediately of such error at firstname.lastname@example.org with the words "Billing Error" in the subject line. If Company does not hear from You within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by You for all purposes, including resolution of inquiries made by Your credit card issuer. You release Company from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within thirty (30) days of its publication.
6. Termination of your Account: You may voluntarily terminate your account as set forth in Section 4 above. Upon termination, Your membership fees during the Initial Term or any past or then current Renewal Term is NOT refundable. Without limiting other remedies, Company may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate Your access and use of the Website and refuse to provide services to You at any time, with or without advance notice, if:
a. Company believes that You have breached any material term of this Agreement;
b. Company is unable to verify or authenticate any information You provide to Company;
c. Company believes that Your actions may cause legal liability for You, Company or our users;Company decides to cease operations or to otherwise discontinue any services or options provided by the Website or parts thereon
7. Disclaimer and Indemnification: If Company believes that You have used the Website in violation of any law, Company may terminate your ability to use the Company immediately, without notice, and Company shall have the right to voluntarily cooperate with law enforcement or private aggrieved parties, including proactively contacting law enforcement or such aggrieved parties. Company hereby disclaims any liability for damages that may arise from the use of the Website by any third party including other members. You do hereby agree to defend, indemnify and hold Company, its members, managers, officers, directors, employees, assigns and any artist featured on the Website ("Company Indemnities") harmless from any liability that may arise by Company Indemnities should You and/or Your account violate any law. You also agree to defend and indemnify the Company Indemnities should any third party be harmed by Your actions or should Company Indemnities be obligated to defend any claims including, without limitation, any criminal or civil action brought by any party. You agree to defend, indemnify, and hold harmless the Company Indemnities, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your (or You under another person's authority - including without limitation to governmental agencies) use, misuse, or inability to use the Website or any of the Content contained therein, or Your breach of any part of this Agreement. Company shall promptly notify You in writing of any such claim or suit, and cooperate fully (at Your expense) in the defense of such claim or suit. The Company Indemnities reserve the right to participate in the defense of such claim or defense at their own expense, and choose their own legal counsel; however, they are not obligated to do so.
8. Ownership of Intellectual Property: All Website names are Company's trademark(s). You may not register, use, or traffic in any domain name that is confusingly similar to Company's registered or common law trademarks or service marks, nor use these trademarks or service marks for any other commercial purpose. The Website features original works of authorship either owned by or licensed exclusively to the Website. Other companies' product and service names referenced on the Website may be trademarks and service marks of their respective companies and are the exclusive
property of such respective owners. You shall not use these third parties' trademarks or service marks, nor any other such property belonging to third parties, for any purpose. This Website and all Content contained thereon is owned or licensed by Company and You may not use the Content except as expressly set forth herein, without Company's express written consent.
9. Limitation of Liability: In no event, shall the Company Indemnities be liable toYou, or any other third party for any direct, special, indirect, incidental, consequential, exemplary, or punitive damages, including without limitation, damages for loss of profits, loss of information, business interruption, revenue, or goodwill, which may arise from any person's use, misuse, or inability to use the Website even if We have been advised of the probability of such damages. This is for any matter arising out of or relating to this Agreement, whether such liability is asserted on the basis of contract, tort or otherwise, even if the Company Indemnities has been advised of the possibility of such damages. In no event shall the Company Indemnities maximum total aggregate liability hereunder for direct damages exceed the total fees, actually paid by You, for use of one of this Website. Because some jurisdictions prohibit the exclusion or limitation of liability for Consequential or incidental damages, the above limitation may not apply to You.
10. Governing Law and Complaint Policy: You agree that if You have any complaint about the Website and/or the Content whether in contract, tort or otherwise, You will provide written notice to Company. You agree that Company shall have fifteen (15) business days after Company's RECEIPT of said notice to evaluate Your concern(s). After evaluating Your concern(s), Company will respond with substantially one of the following responses: 1. Company does not believe Your concern(s) is(are) valid; 2. Additional information is needed to process/evaluate/investigate Your concern(s); or, 3. Company will request Your preference regarding an opportunity to cure Your concern(s). You acknowledge and agree that upon transmission of Your complaint/concern(s) to us, You will be considered to have engaged in settlement discussions with Company, and neither party will initiate formal legal action while non-adversarial resolution is in progress. You agree that You will not file suit unless and until Company issues a statement to You that Company has taken its final action, and that no further action will be taken without adversarial proceedings. At that point, You may proceed with arbitration as provided for under this Agreement. If the Parties are unable to resolve a dispute through the dispute process above, then, except as otherwise provided herein, either Party may submit the issue to binding arbitration in accordance with the then- existing Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in New York, New York and conducted by a single arbitrator, knowledgeable in Internet and e-Commerce disputes. The arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of this Agreement; and shall be bound by governing and applicable law. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS. Notwithstanding the foregoing, you acknowledge and agree, that only Company shall be permitted to bring an action for injunctive relief in any court of competent jurisdiction located in Miami-Dade County, Florida or New York, New York in its sole discretion and that You consent and agree to the exclusive venue and jurisdiction therein.
This Agreement and all matters arising out of, or otherwise relating to, this Agreement shall be governed by the laws of the State of Florida, excluding its conflict of law provisions. All Parties hereby waive any right to assert the doctrine of forum non- conveniens or similar doctrines, or to object to venue with respect to any proceeding brought in accordance with this Section or with respect to any dispute under this Agreement whatsoever. Each Party hereby authorizes and accepts services of process sufficient for personal jurisdiction in any action against it in the venue and jurisdiction provided for herein by registered or certified mail, Federal Express, proof of delivery or return receipt requested, to the parties address for the giving of notices as set forth in this Agreement.
11. General Provisions:
a. Warranty - The Website shall be accessed and used only by the Users. You acknowledge that the Website is provided "as is" and Company specifically disclaims any warranties therein. NO WARRANTIES OF ANY KIND, WHETHER STATUTORY, ORAL, WRITTEN, EXPRESS OR IMPLIED SHALL APPLY TO YOUR ACCESS TO AND USE OF THE WEBSITE, AND COMPANY HEREBY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. Company does not promise that the Website or any Content or feature will be error-free or uninterrupted, or that any defects will be corrected, or that Your use of the Website will provide specific results. The Website and its Content are delivered on an "As-Is" and "As-Available" basis.
b. Website Availability - You acknowledge and agree that the use of the Website requires certain internet and telecommunication connectivity as well as third party services and technology. The Website may occasionally experience disruptions or unavailability from time to time, and Company cannot guarantee that the Website will be available 100% of the time. Although Company strives to provide the most reliable website possible, interruptions and delays in accessing the Website are unavoidable and Company disclaims any liability for damages resulting from such problems.
c. Off-Site Links - A link to an advertisement or other website on the Website does not mean that Company or the Company Indemnities endorse, approve of or otherwise accept any responsibility or is liable for the content, or the use, of such third party product, service or website. It is Your sole responsibility to take precautions to ensure that whatever You select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature and You expressly release, discharges and hold the Company Indemnities harmless from any claims, causes of action, costs or other expenses or liability related to off-site links or third party products, services or websites regardless of whether links to such products, services or websites were or are contained on the Website.
e. Currency Fluctuations - In the event the currency that your card or bank which you use to pay the fees for your membership to the Website is other than US Dollars, you potentially will be subject to additional currency conversion fees or fees from your issuing bank.
f. Notices - You agree that Company may provide notice to you by posting it on the Website, emailing it or otherwise mailing to the address You have provided in the Registration Data. Such notice shall be considered to be received by you within 24 hours after it is posted to the Website or emailed to you unless Company receives notice that such email was undeliverable. If notice is sent by mail, it shall be considered received within four business days after it is mailed. Any notices to Company shall be sent by certified mail, return receipt requested to 12864 Biscayne Boulevard, #369, Miami, Florida 33181, with a copy to McCue Sussmane & Zapfel, P.C., 521 Fifth Avenue, 32nd Floor, New York, New York 10175.
g. Assignment - Subject to the terms hereof, the rights and liabilities of the Parties hereto will bind and inure to the benefit of their respective heirs, assignees, successors, executors, and administrators, as the case may be.
h. Severability - If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of this Agreement will continue in full force and effect.
i. No Waiver - No action nor inaction made by Company shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any
term, clause or provision hereof is held invalid or unenforceable by a court of
competent jurisdiction, such invalidity shall not affect the validity or operation
of any other term, clause or provision and such invalid term, clause or provision
shall be deemed to be severed from this Agreement.
j. Headings - All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement
k. Complete Agreement - This Agreement constitutes the entire Agreement between the parties with respect to Your access and use of the Website and the Content contained therein, and Your membership with the Website, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matter.