Terms of Service
BY INSTALLING, DOWNLOADING OR USING THE SOFTWARE OR THE SERVICE, YOU (“YOU” OR “CUSTOMER”) ARE ENTERING INTO A BINDING AGREEMENT WITH 0v1.Records (“0v1.Records”) AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
IF YOU DO NOT AGREE TO ALL OF THE TERMS, DO NOT DOWNLOAD THE SOFTWARE OR OTHERWISE USE THE SERVICE. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER ENTITY, YOU REPRESENT THAT YOU ARE THE EMPLOYEE OR AGENT OF SUCH COMPANY (OR OTHER ENTITY) AND YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF SUCH COMPANY (OR OTHER ENTITY).
1. Registration and Account Information.
Customer must register and create an account with 0v1.Records as a condition to using the Service. In order to register with 0v1.Records, Customer must provide complete and accurate information as requested in the registration process. Customer will maintain and update all information provided by Customer during registration as required to keep it current, complete and accurate. If Customer provides any inaccurate information or fails to keep such information current, complete and accurate, 0v1.Records may terminate Customer’s account and Customer’s right to use the Service. Customer shall maintain the security and confidentiality of all passwords issued to Customer. Customer agrees not to transfer or share Customer’s user name or password, or lend or otherwise transfer Customer’s use of or access to the Service, to anyone. Customer is responsible for any and all activities that occur under Customer’s account. Customer agrees to immediately notify 0v1.Records of any unauthorized use of Customer’s account or any other breach of security related to Customer’s account or the Service.
2. Grant of Rights
2.1 Subject to these Terms, 0v1.Records hereby grants to Customer, and Customer hereby accepts, a limited nonexclusive, nontransferable, nonassignable, nonsublicenseable right during the Term to use the Service.
2.2 Installation. The Software is licensed for installation and use only in the manner it was provided to you, as configured by an automated installation program provided with the Software. You may not separate the components contained in the Software or otherwise reconfigure the Software to circumvent technical limitations on the use of the Software or to otherwise exceed the scope of your license.
2.3 Reserved Rights. The Service involves valuable proprietary rights of 0v1.Records. No title to or ownership of the Software, the Service or any proprietary rights associated therewith is transferred by these Terms to Customer. All rights not expressly granted in these Terms are reserved by 0v1.Records.
2.4 General Restrictions and Limitations on Customer. Customer may not license, sublicense, sell, resell, rent, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service, or any portion or component thereof, or any rights granted in these Terms, except as expressly permitted herein and subject to the terms set forth in these Terms. Unless otherwise restricted by law, Customer may not reverse engineer, disassemble, or decompile the Service or otherwise attempt to discover the source code of the Software in the Service. Customer may not: (i) remove any copyright, trademark or other proprietary notices from the Service, or any component thereof; (ii) use the Service for commercial time-sharing or in any manner for anyone other than Customer for its own internal business purposes; (iii) rent or lease the Service or permit access to or use of the Service by anyone other than Customer and its employees; (iv) develop or assist with the development of a product or service using similar ideas, features, functions, or graphics of the Service; (v) create modifications to or derivative works of the Service or any component thereof; (vi) use or attempt to use or access any 0v1.Records services other than the Service specifically subscribed to by Customer under these Terms or pursuant to another written agreement with 0v1.Records; or (vii) copy any ideas, features, functions, or graphics of the Service. Customer shall have no right to receive any source code or source documentation with respect to the Software.
3. Obligations of Customer
3.1 Customer Systems. Customer is solely responsible for providing and maintaining, at its own expense, all equipment, facilities and services necessary to access and use the Service, including, without limitation, computer hardware and software, modems, telephone service and Internet access.
3.2 Customer Content. Customer is solely responsible for all Customer audio files, text, graphics, data, documents, information, comments, and other content or materials of any kind uploaded, posted, stored, hosted, transferred or otherwise made available on or through the Service (the “Customer Content”), including without limitation the accuracy, quality, integrity, completeness, legality, reliability, appropriateness, non-infringement and intellectual property ownership of such Customer Content. 0v1.Records shall not be responsible or liable in any manner for such Customer Content, or for the deletion, correction, destruction, damage, or loss thereof. You use the Service at your own risk. Customer shall ensure, and represents and warrants, that none of the Customer Content:
(i) infringes upon or violates any copyright, trademark or other intellectual property rights, rights of publicity, rights of privacy, contract or other rights;
(ii) is defamatory, obscene, pornographic, indecent, harassing, abusive, threatening, inflammatory, fraudulent; or otherwise objectionable, and that it does not constitute child pornography, relate to bestiality, or depict non-consensual sex acts;
(iii) violates any applicable law, rule or regulation; or
(iv) would otherwise create liability for 0v1.Records or cause any harm to anyone.
Although 0v1.Records has no obligation to screen, edit or monitor any of the Customer Content, 0v1.Records reserves the right, and has absolute discretion, to remove, screen or edit any Customer Content at any time and for any reason without notice. Customer is solely responsible for creating additional backup copies of and replacing any Customer Content at Customer’s sole cost and expense. 0v1.Records reserves the right to delete or block access to any Customer Content at any time in its sole discretion, including if it receives any notices or otherwise believes that such Customer Content may be in violation of applicable law or these Terms or may otherwise violate the rights of, or cause any harm or liability of any kind to 0v1.Records. 0v1.Records has the right, from time to time, to impose storage limits and limits on file size at any time upon notice to Customer, and Customer shall make sure that the Customer Content does not exceed such specified storage or file size limits.
3.3 Limited License to Customer Content. You retain copyright and any other rights you already hold in your Customer Content, except as otherwise specifically provided in these Terms. However, 0v1.Records needs certain rights to store, transmit, adapt and otherwise use the Customer Content you provide in order to provide you with the Service. Therefore, by making your Customer Content available for uploading, posting, hosting or displaying through the Service, you grant to 0v1.Records a worldwide, royalty-free, non-exclusive, sub-licensable license to reproduce, adapt, modify, translate, publish, transfer, display, perform, store, distribute and otherwise use the Customer Content, solely for the purpose of enabling 0v1.Records to provide the Service. This license in no way affects the private nature of information you post. You may terminate this license with respect to any particular Customer Content posted to the 0v1.Records website by deleting the information from the Service, except that in the event that another party using the Service has saved the Customer Content and is storing it through the Service, then the license shall continue as needed to continue to provide the Service to such party. Unless the license granted by you to 0v1.Records is terminated in accordance with these Terms, such license will be perpetual and irrevocable.
3.4 Customer Conduct. You agree to use the Service only for purposes that are permitted by these Terms and any applicable law, rule or regulation. You agree not to i) access or attempt to access the Service by any means other than through the interface that is provided by 0v1.Records; (ii) engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service); or (iii) violate the security or integrity of any network, computer or communications system, software application, or network or computing device related to the Service or the 0v1.Records website.
3.5 Compliance with Laws. In using the Service, Customer shall comply with all applicable laws, rules and regulations.
3.6 Enforcement of Customer Content and Conduct Rules. Enforcement of the user content or conduct rules set forth in these Terms is solely at 0v1.Records’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Service will not contain any content that is prohibited by such rules.
3.7 Customer Indemnity. Customer shall defend, indemnify, and hold 0v1.Records harmless from and against all third party claims, actions, proceedings, damages, costs, liabilities, losses and expenses (including, but not limited to, reasonable attorney fees) arising out of or related to: (i) the Customer Content; (ii) Customer’s misuse of the Service; or (iii) any violation by Customer of these Terms or applicable laws, rules or regulation.
5. Intellectual Property Ownership
5.1 0v1.Records Rights. As between the parties, 0v1.Records own all right, title and interest in and to the Service, including, without limitation, all proprietary processes and technologies relating thereto, and all intellectual property rights therein, including, without limitation, all modifications, updates and derivative works relating to the Service. All suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by Customer or any third party to 0v1.Records related to 0v1.Records, the Service or any of 0v1.Records’s other products or services (collectively referred to as “Contributions”), shall be owned by 0v1.Records, Customer shall not be entitled to any compensation in connection therewith, and Customer hereby assigns to 0v1.Records all intellectual property rights and other rights in or to any and all Contributions. Except as expressly set forth herein, no additional license, grant, or working right is granted or implied by these Terms.
5.2 Customer Rights. As between the parties, Customer owns all right, title and interest in and to the Customer Content and all intellectual property rights therein, including, without limitation, all modifications, updates and derivatives works relating thereto.
6. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act and other applicable law, 0v1.Records has adopted a policy of terminating, in appropriate circumstances and at Company’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the 0v1.Records website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
E-Mail Address of Designated Agent: customerservice@0v1RecordsPlugin.com
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
7. Representations and Warranties
7.1 No 0v1.Records Warranties. THE SERVICE, INCLUDING THE SOFTWARE, IS PROVIDED BY 0v1.Records AND ACCEPTED BY CUSTOMER “AS IS” AND “WITH ALL FAULTS, DEFECTS AND ERRORS.” 0v1.Records MAKES NO WARRANTY, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, REGARDING THE SOFTWARE, THE SERVICE, OR ANY OTHER ITEMS OR SERVICES PROVIDED IN CONNECTION THEREWITH, INCLUDING WITHOUT LIMITATION THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, PERFORMANCE, AVAILABILITY, SECURITY, ACCURACY OR COMPLETENESS OF THE SOFTWARE OR THE SERVICE OR ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 0v1.Records SHALL NOT HAVE ANY LIABILITY FOR ANY ERROR, OMISSION OR DEFECT IN THE SOFTWARE OR THE SERVICE, ANY INABILITY TO USE THE SOFTWARE OR THE SERVICE OR ANY LOSS OF CUSTOMER CONTENT, DATA OR OTHER DAMAGE TO CUSTOMER AS A RESULT OF THE USE OF THE THE SERVICE, INCLUDING THE SOFTWARE.
WITHOUT LIMITING THE FOREGOING, 0v1.Records DON’T REPRESENT OR WARRANT THAT (A) THE SERVICE SHALL BE COMPATIBLE WITH ANY PARTICULAR CUSTOMER PLATFORM, SOFTWARE OR INTERFACES, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) THE SERVICE SHALL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS OR ACHIEVE ANY PARTICULAR RESULTS; (C) ANY STORED DATA SHALL BE ACCURATE OR RELIABLE; (D) MINOR ERRORS OR DEFECTS SHALL BE CORRECTED; (E) THAT THE SERVICE SHALL BE UNINTERRUPTED OR ERROR-FREE; OR (F) THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
7.2 Customer Responsibility. Customer assumes full responsibility for (i) the selection of the Service; (ii) the proper use of the Service; (iii) verifying the results obtained from the use of the Service; (iv) maintaining additional backup copies of all Customer Content; and (v) taking appropriate measures to prevent loss of data, protect against software viruses, and protect against software security breaches.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 0v1.Records BE LIABLE TO CUSTOMER OR ANY OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF DATA, LOST REVENUES, LOST BUSINESS OPPORTUNITIES OR OTHER ECONOMIC ADVANTAGE, FOR ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE OR THESE TERMS, EVEN IF 0v1.Records HAVE BEEN ADVISED OR ARE OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL 0v1.Records’s AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY CUSTOMER TO 0v1.Records FOR THE SERVICE IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
9.1 Waiver; Invalidity. The failure by either party to enforce any provision of these Terms shall not be construed as a waiver of the provision. If any provision of these Terms is held unlawful or otherwise ineffective, in whole or in part, by a court of competent jurisdiction, the remainder of these Terms shall remain in full force and effect, and the provision modified, or these Terms interpreted to the maximum extent permitted, to effect the original intent and purpose of the parties.
9.2 Force Majeure. 0v1.Records shall not be liable for any delay in performance caused by (i) acts of God; (ii) war or armed hostilities; (iii) government acts or priorities; (iv) strikes or labor troubles causing cessation, slowdown or interruption of work; (v) inability, after due and timely diligence, to procure materials, systems, accessories, equipment, Internet or parts; or (vi) any other cause to the extent the cause is beyond its control and not occasioned by its fault or negligence. In such event, the date for completion of the party’s performance shall be equitably extended; provided, however, that the performance of any obligation for payment of any monies owed under these Terms shall not be delayed for a period of more than thirty (30) days.
9.3 Complete Agreement. These Terms constitute the complete and only agreement between 0v1.Records and Customer regarding the Service and supersedes all prior understandings, communications, discussions, negotiations, contracts and agreements between 0v1.Records and Customer relating to the subject matter hereof, whether oral or written. These Terms include all posted policies and provisions that are referred to in these Terms.
9.4 Amendment. 0v1.Records reserves the right to revise these Terms by posting the revised changes on the 0v1.Records website. Revisions will be effective immediately upon posting. You will also be given notice of material updates via the Service. By continuing to use the Service following any posted revision, Customer will be deemed to have agreed to such revisions. If Customer does not agree with any revisions to these Terms, Customer must cease using the Service and must cancel Customer’s account.
9.5 Assignment. These Terms may not be assigned by Customer without 0v1.Records’s prior written approval. Any purported assignment in violation of this section shall be void.
9.6 Law and Jurisdiction. These Terms are governed by the laws of France, excluding any choice of laws or rules that might otherwise be applicable.
9.7 Export Restrictions. The Software is subject to France export laws and regulations. You must comply with these laws, which include restrictions on destinations, end users and end use. You may not export, convey, rent, sublicense, or otherwise distribute the Software or any rights therein to any person or entity.
10. Applicable Law
Those Terms and Conditions are governed by French Law.
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