SECTION TWO LICENSE TO OURVINYL SERVICES§2.1 License Grant. OurVinyl grants to you a limited, non-exclusive, non-transferable license to access and use the OurVinyl Services in legally authorized jurisdictions to display and perform the audiovisual content included in the OurVinyl Services on your computer or mobile device, for personal non-commercial purposes only. If you subscribe to any of the OurVinyl Services this license is contingent upon your payment of any applicable subscription fees and your compliance with any other terms and conditions applicable to you as a subscriber. Any violation by you of the license provisions contained in this section may result in the immediate termination of your right to use OurVinyl Services. OurVinyl reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THE OURVINYL SERVICES NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED. §2.2 Updates. “Updates” are defined as any updates, upgrades or error corrections to the OurVinyl Services that OurVinyl makes available generally to users of the OurVinyl Services. OurVinyl may from time to time make available to all users of OurVinyl Updates at no cost or subject to additional fees in OurVinyl’s sole discretion. Notwithstanding anything else contained in this Agreement, OurVinyl will have no obligation to continue producing or releasing new versions of the OurVinyl Services or any Updates.
SECTION THREE RESTRICTIONS§3.1 YOU AGREE THAT YOU WILL NOT: • USE THE OURVINYL SERVICES TO REPRODUCE COPYRIGHTED MATERIALS, • COPY, STORE, EDIT, CHANGE, PREPARE ANY DERIVATIVE WORK OF OR ALTER IN ANY WAY ANY OF THE MUSIC VIDEOS OR MUSIC TRACKS STREAMED THROUGH OURVINYL SERVICES, • MAKE OURVINYL SERVICES AVAILABLE OVER A NETWORK WHERE IT COULD BE USED BY OTHERS, • PROVIDE YOUR PASSWORD TO ANY OTHER PERSON, • TRANSLATE, REVERSE ENGINEER, DECOMPILE, DISASSEMBLE, MODIFY OR CREATE DERIVATIVE WORKS BASED ON THE OURVINYL SERVICES OR ANY PORTION OF THEM, EXCEPT AS EXPRESSLY ALLOWED UNDER APPLICABLE LAW, • CIRCUMVENT ANY TECHNOLOGY USED BY OURVINYL OR ITS LICENSORS TO PROTECT CONTENT ACCESSIBLE VIA THE OURVINYL SERVICES, • RENT, LEASE OR SUBLICENSE ANY OF THE OURVINYL SERVICES, AND/OR • USE THE OURVINYL SERVICES IN ANY WAY THAT VIOLATES THE TERMS AND CONDITIONS OF THIS AGREEMENT.
SECTION FOUR COPYRIGHTS§4.1 As between you and OurVinyl, you acknowledge that OurVinyl owns or has a license to all title and copyrights in and to the audiovisual content included in the OurVinyl Services. All title and intellectual property rights in and to the audiotvisual content included in the OurVinyl Services is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.
SECTION FIVE TRADEMARKS AND THIRD-PARTY TRADEMARKS§5.1 The following are trademarks or registered trademarks of OurVinyl: OurVinyl, and its design logo, OurVinyl.tv; and its design logo; as well as certain other OurVinyl trademarks, service marks, graphics and logos, web addresses, and trade dress (collectively, “OurVinyl Trademarks”) used in connection with the OurVinyl Services. §5.2 The OurVinyl Services may contain third-party trademarks, service marks, graphics and logos. You are not granted any right or license with respect to OurVinyl Trademarks or the trademarks of any third-party.
SECTION SIX SECURITY§6.1 The OurVinyl Services use technology to protect the digital information provided by OurVinyl from unauthorized use. Your use of the OurVinyl Services may be limited by such technology. You acknowledge that, from time to time, OurVinyl may modify or discontinue using such technology. Security modifications made by OurVinyl may from time to time include required Updates to the OurVinyl Services. §6.2 IF YOU ATTEMPT TO VIOLATE OR CIRCUMVENT ANY SYSTEM OR NETWORK SECURITY COMPONENTS OR TECHNOLOGY, YOU MAY BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY.
SECTION EIGHT AGREEMENT TO PAY§8.1 If you elect to become a subscriber to the OurVinyl Services, you agree to pay all fees and charges associated with your subscription on a timely basis. All such fees and charges, (including any taxes and late fees, as applicable), will be charged on your credit card. You will maintain valid credit card information in your Account Information.
SECTION NINE TERM AND TERMINATION OF AGREEMENT§9.1 This Agreement will remain effective until terminated by you or terminated by Us, provided that Sections Three through Five (§3-§5) and Section Nine through Thirteen (§9-§13) will survive termination and continue in force and full effect. §9.2 “Termination” and “Terminate” means the discontinuation of the use and enjoyment of OurVinyl Services. OurVinyl may Terminate the use and enjoyment of OurVinyl Services at any time with or without notice and with no obligation to refund any subscription fees. You may Terminate your use and enjoyment of OurVinyl Services with notice to Us by changing your account settings. Termination will become effective at the end of the next month’s subscription period.
SECTION TEN DISCLAIMERSEXCEPT FOR ANY APPLICABLE GUARANTEES THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAWS: §10.1 THE OURVINYL SERVICES (INCLUDING ANY SOFTWARE CONTAINED THEREIN) AND ANY UPGRADES OR PLUG-INS AND ANY LICENSED CONTENT ARE LICENSED TO YOU “AS IS”. ANY USE OF THE OURVINYL SERVICES WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OURVINYL DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: • WARRANTIES OF MERCHANTIBILITY • FITNESS FOR A PARTICULAR PURPOSE, AND/OR • TITLE AND NON-INFRINGEMENT OURVINYL MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE OURVINYL SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND OURVINYL DISCLAIMS ANY LIABILITY RELATING THERETO. §10.2 OURVINYL MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT USE OR RESULTS OF THE USE OF THE OURVINYL SERVICES WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED, OR WITHOUT ERRORS. OURVINYL MAY MODIFY, SUSPEND, OR DISCONTINUE THE OURVINYL SERVICES, OR YOUR USE OF THEM WITHOUT PRIOR NOTICE. WHENEVER OURVINYL ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE OURVINYL SERVICES, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY. §10.3 YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO US IS AT YOUR OWN RISK. OURVINYL DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. §10.4 YOU UNDERSTAND THAT YOU MAY ENCOUNTER OFFENSIVE, INDECENT OR OTHER OBJECTIONABLE CONTENT WHEN USING THE OURVINYL SERVICES. OURVINYL WILL HAVE NO LIABILITY TO YOU FOR ANY SUCH CONTENT. §10.5 SOME OF THE CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE OURVINYL SERVICES MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT OURVINYL ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS OR SERVICES.
SECTION ELEVEN LIMITATION OF LIABILITY§11.1 IN NO EVENT WILL OURVINYL BE LIABLE TO YOU FOR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) EVEN IF OURVINYL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OURVINYL OR OTHERS WILL CREATE A WARRANTY AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH INFORMATION OR ADVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. §11.2 OURVINYL’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE APPLICABLE OURVINYL SERVICES AT ISSUE PAID BY YOU FOR THE PREVIOUS SIX (6) MONTHS.
SECTION TWELVE INDEMNITY§12.1 YOU WILL INDEMNIFY AND HOLD OURVINYL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS; HARMLESS WITH RESPECT TO ANY SUITS OR CLAIMS ARISING OUT OF: • YOUR BREACH OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHT OR INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, OR • YOUR USE OF THE OURVINYL SERVICES.