Acossi Records Inc. Terms & Service Agreement
AGREEMENT
This Agreement is made by and between Acossi Records Inc, located in New Jersey & deals with the New York area; composer, producer, or DJ of music contained on the Acossi Records Inc. site. This Agreement contains the terms and conditions that govern your use of this Web Site.
MORE INFORMATION
Contact us at SUPPORT if you have any questions.
BY ACCESSING OR USING ANY PART OF THIS WEB SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEB SITE.
ACOSSI RECORDS RESERVES THE RIGHT TO MAKE CHANGES TO THIS AGREEMENT AT ANY TIME. CONTINUED USE OF ANY PART OF THIS WEB SITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. ACCORDINGLY, YOU SHOULD REVIEW THIS AGREEMENT FROM TIME TO TIME TO BECOME FAMILIAR WITH SUCH CHANGES.
2. General Rules
2.1 You will comply with all of the terms and conditions of this Agreement and all applicable laws, regulations and rules when you use the Acossi Records Inc. Service, whether you just browse the Acossi Records Inc. Web Site, use its freely-available services, or become a Seller.
2.2 Acossi Records Inc. will only provide the Service to persons and entities who can form legally binding contracts under applicable law. Without limiting the foregoing, minors may not use this Service.
2.3 If Acossi Records Inc. determines, in its sole and absolute discretion, that you will breach a term or condition of this Agreement by recording, creating, marketing or selling a Track that infringes the rights of others or otherwise does not meet the standards of the Acossi Records Inc. Service, we may cancel any order for such Track without any liability to you or any third party.
NOTICE OF INFRINGEMENT
If Acossi Records receives notice that you have allegedly used content that you do not own or have the right to use, Acossi Records can take various actions including:
· Disclosure of your sales and contact information to the owner of the content.
· Removal of your account from Acossi Records without compensation.
· Obtaining indemnification from you (which means you will be legally and financially responsible to Acossi Records for any damage you cause).
4. Condition
COPYRIGHTS: All materials incorporated in or accessible through this site, including without limitation, text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, software, and other content, and the compilation, collection, arrangement, and assembly thereof (including the look and feel of this site), are protected by United States and international copyright laws, and are owned or controlled by Acossi Records Inc. or by the original creators of such materials or their respective assignees. Any copying, reproduction, modification, sale, distribution, transmission, republication, downloading, display, posting, performance, or other exploitation thereof by any means or medium without express authorization of Acossi Records Inc. or other copyright owner is strictly prohibited. In the event of any permitted use of such materials, including without limitation, any copying, reproductions, distribution, republication, downloading, or display thereof, you will make no changes in or deletion of author attribution, trademark legend, or copyright notice. No right, title, or interest in any such materials will be granted or transferred to you as a result of any permitted use of such materials.
Prohibited Content. The following is a partial list of the kind of Content which is illegal or prohibited on the Site. It includes Content that:
- Is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Use of Unofficial Recordings of existing Musicians, Bands, Fan Clubs, or other organizations without explicit authorization to use such content for sale of recordings.
· content using the likeness of a third party (ie voices or songs).
· compilation or "mixes" using the content of other artists.
· recordings of live performances without authorization to make copies of such content for sale.
· content downloaded from INTERNET. - Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming"
- Promotes information that you know is false, misleading, or promotes illegal activities or conduct, is abusive, threatening, obscene, defamatory or libelous;
- Is or promotes an illegal or unauthorized copy of another person's work, such as providing pirated computer programs or links to them, provides information to circumvent manufacture-installed copy-protect devices; providing pirated music or links to pirated music files;
- Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page)
- Displays pornographic material of any kind;
- Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- Solicits passwords, personal identifying information for commercial or unlawful purposes from other users;
- Engages in commercial activities and/or sales without Acossi Records prior written consent such as contests, sweepstakes, barter, advertising, pyramid schemes, etc.
- Involves sending unsolicited and/or unauthorized email to third parties.
5. Disclaimer.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY: YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. THE ACOSSI RECORDS DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE, THE ACOSSI RECORDS SITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE ACOSSI RECORDS SITE OR ANY PORTION THEREOF, EXPRESS, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS AND THE SUITABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENETS AND ACCURACY OF THE INFORMATION, PRODUCTS AND RELATED GRAPHICS CONTAINED WITHIN ACOSSI RECORDS SITE, SERVICE OR PRODUCTS.
YOU HEREBY AGREE THAT WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE, PROFITS OR DATA ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE SERVICE WILL NOT EXCEED THE TOTAL FEES PAID BY YOU UNDER THIS AGREEMENT. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR, OR CORRECTION RESULTING FROM YOUR ACCESS TO OR USE OF THIS SITE OR ANY THIRD-PARTY SITE ACCESSED THROUGH THIS SITE.
REFUND POLICY:
Acossi Records Inc. will issue a Refund on download if it is within 24 hours of download date.
Corrupted or malfunctioning files. If we determine that a file is corrupted or malfunctioning, Acossi Records Inc. will first try to replace the malfunctioning file, and if we are unable to adequately do so, will refund the track price to the purchaser. We will not replace files that become damaged after 24 hours of download, so please check to make sure that your file opens and works properly when you download it.
Damaged CD. If you receive a CD that becomes unusable because of damages received while in the mail, Acossi Records will replace the damaged CD at no cost. We will only honor requests for replacing damaged goods if the request is received within 14 days of shipment. You need to mail back the damage CD. We will not replace CDs that become damaged because of normal wear, improper personal use or abuse.
Payment System Malfunctions. Because we currently use PayPal to process credit card payments for download, we understand that from time to time orders may be inadvertently duplicated or that errors may occur from use of the PayPal site. While these errors are extremely rare, and every precaution is taken to ensure that the ordering and delivery process goes smoothly, we will refund erroneous payments (at our discretion) within 3 business days of notice.
Download Problems. For customers experiencing download problems, we will email your tracks to you if we receive notice, within your download window. If your email client does not allow the files through, then we will discuss alternative delivery methods with you until you have received the tracks in a satisfactory manner. Under no circumstances can we give a refund in a customer experiences download problems.
RIGHT TO AMEND: ACOSSI INC. RESERVES THE RIGHT TO MAKE CHANGES TO THIS SITE AND THESE DISCLAIMERS, TERMS AND CONDITIONS AT ANY TIME WITHOUT PRIOR NOTICE. THE PRIVACY STATEMENT CONTAINED HEREIN IS NOT INTENDED AS A CONTRACT OR AS CREATING ANY LEGAL RIGHTS, AND MAY BE AMENDED FROM TIME TO TIME.