RecordLounge

RecordLounge’s Terms of Use

Welcome to Qosmic Entertainment Inc.’s (hereinafter referred to as “RecordLounge”) website located at RecordLounge.com (the “Site”). As you have no doubt experienced with virtually all websites, your use of this Site is subject to certain terms and conditions of use (the "Terms of Use") set forth below.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. THEY MAY SEEM TECHNICAL AND LEGALISTIC, BUT THEY ARE IMPORTANT. BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITE OR ANY OF THE SERVICES PROVIDED ON THE SITE. THANK YOU.

Introduction

RecordLounge offers an online forum for users to sell and purchase music. Our Site and the materials and services provided thereon (the “Services”) are owned and operated by RecordLounge. These Terms of Use along with the RecordLounge Privacy Policy (the “Privacy Policy”) apply to and govern your use of the Site and Services, including, but not limited to, all digital files of content (including, without limitation, digital downloads whether such downloads are permanent, tethered or limited time or play duration, including sounds, music, artwork, images and likenesses of persons, software, text and video or audio clips (collectively, the “Content”)). The Terms of Use and Privacy Policy are collectively referred to as the “Agreement”. Before using the Site and Services, please review each document in the Agreement. As used herein, references to “your” or “you” shall include anyone who uses our Site and/or Services, and if you are a member, any authorized user of your account with RecordLounge.

Site Use

THE SITE AND SERVICES PROVIDED ON THE SITE ARE DIRECTED TO PERSONS OVER THE AGE OF 18. BY CREATING AN ACCOUNT FOR THE SITE, YOU ARE REPRESENTING TO RECORDLOUNGE THAT YOU ARE AT LEAST 18 YEARS OF AGE. CHILDREN UNDER THE AGE OF 13 MAY NOT USE THIS SITE AND THE SERVICES, AND THE SITE IS NOT DIRECTED TO CHILDREN UNDER THE AGE OF 13.

YOU MAY NOT MODIFY, COPY, REFORMAT, DISTRIBUTE, TRANSMIT, LICENSE, PUBLISH OR CREATE DERIVATIVE WORKS BASED ON ANY CONTENT OWNED BY RECORDLOUNGE OR THIRD PARTIES ON THE SITE.

All visitors to the site are subject to basic rules of conduct while using and accessing the services. By using the services and accessing this site you agree to:

1. Refrain from violating applicable federal, state and international laws;
2. Refrain from using the services provided on the site to send unsolicited emails, bulk mail, spam or other materials to users of the site or any other individual or entity;
3. Refrain from using the services provided on the site to harass, threaten, stalk or abuse users of the site;
4. Refrain from using the services provided on the site to harm minors;
5. Refrain from posting Content on the site that is obscene, vulgar, harmful or offensive in nature or posting any Content that is gratuitously violent, explicitly sexual, defamatory, libelous or violates the copyright, trademark, patent or other intellectual property rights of RecordLounge or any third party;
6. Refrain from interfering with others’ use of the site;
7. Refrain from using the services provided on the site to invade the privacy of others, or to collect and use an individual’s personal and private information or to gain or attempt to gain unauthorized access to computer systems of RecordLounge or third parties via the site;
8. Refrain from using the services to create a false identity or to impersonate another person;
9. Refrain from attempting to gain unauthorized access to any portion or feature of the Site, or any other systems or networks, or to any of the Services offered on or through the Site, by hacking, password mining or any other illegitimate means; and
10. Refrain from using any device, software or routine to interfere or attempt to interfere with the proper working of the Site and any transaction being conducted on the Site, or with any other person’s use of the Site.

These rules are only the minimum level of conduct that we expect at our Site. We also ask that you use common sense and be considerate towards other users. We reserve the right, at our discretion, to suspend or terminate your right to use the services provided on the Site, if you violate any of the aforementioned rules of conduct or engage in other offensive conduct.

Copyrights, Trademarks and Other Intellectual Property

All material and Content contained on this Site, including but not limited to text, graphics, images, logos, articles, videos, animations, audio and digital files, photographs, illustrations, icons and the compilation of all Content on this Site, are the property of RecordLounge or its members, as the case may be, and are protected by United States and international laws. All trademarks, service marks, and trade names are proprietary to RecordLounge. No material from this Site may be copied, resold, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that users may make personal copies of music files purchased through the Site. Except as may be permitted by law, you are required to obtain permission from the copyright owner before reusing any copyrighted material on this Site. You acknowledge that you do not acquire any ownership of any intellectual property or other rights of RecordLounge or other third parties by purchasing and downloading material from this Site.

In the event you download software including, but not limited to, music files from this Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by RecordLounge or third party licensors for your personal, noncommercial use only. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we (or third party licensors) retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.

Copyright Infringement

If you believe a work on the Site constitutes infringement of your copyright or other intellectual property rights, please provide our Designated Agent with a written communication containing the following information:

• (a) a statement that you are the owner of the copyrighted work or evidence of your authorization to act on behalf of the owner of the copyrighted work;
• (b) a description of the copyrighted work that you claim has been infringed;
• (c) a description of where the alleged infringing material is located on the Site;
• (d) your address, telephone number, and email address;
• (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• (d) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
• (g) your physical or electronic signature.

RecordLounge's Designated Agent for notice of claims of copyright infringement can be reached as follows:

[insert name of registered copyright agent]

[insert address, email address, phone and facsimile numbers]

Posted Content

As part of your use of the Site and Services, you may upload, post, distribute or disseminate (collectively, "post") Content (including but not limited to, Content and digital files, photographs or images that you have taken, captions, comments and other text that you have written), or you may send or email us material (including but not limited to, Content and digital files, photographs or images that you have taken, captions, comments and other text that you have written) which we, at our discretion, may post (collectively, the "Posted Content") on the Site. You hereby grant RecordLounge an irrevocable, nonexclusive, transferable royalty-free worldwide right (including any moral rights) and license to use the Posted Content on the Site and to promote and advertise the Site and Services in any way. In connection with the operation and promotion of the Site and Services, you agree that RecordLounge has the right to copy, cache, modify, publish, display, distribute, translate, create derivative works from, and store the Posted Content, regardless of the medium, technology, or form in which it is used. For example, RecordLounge may use the Posted Content to promote the Site and Services as part of a compilation, book, screen option, demonstration or brochure.

You also warrant that if you are not the holder of any such rights, the holder of such rights has completely and effectively waived all such rights and validly and irrevocably granted you the right to grant the license stated above. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any Posted Content. You agree that you will not post any false, inaccurate or incomplete material or delete or revise any material that was not posted by you. You are responsible for your own postings and are responsible for the consequences of your postings. You agree not to do any of the following: (a) post any material that is copyrighted or trademarked unless you own the copyright or trademark or have the owner's permission (including requisite consents and releases) to post it; (b) post any material that reveals a trade secret, unless you own the trade secret or have the owner's permission to post it; (c) post any material that infringes on any intellectual property right of another or on the privacy or publicity rights of another; (d) post any material that is unlawful, obscene, pornographic, sexual, indecent, defamatory, threatening, harassing, abusive, hateful or embarrassing to another user or to any other person or entity; (e) post any chain letter or pyramid scheme; or (f) post any material that contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

RecordLounge does not represent or guarantee the truthfulness, accuracy or reliability of any Posted Content or endorse any opinions expressed by a user. You acknowledge that any reliance on Posted Content by other users will be at your own risk. RecordLounge does not confirm that each user is who he or she claims to be. RecordLounge exercises a great effort to protect Posted Content from being misused. However, if misuse has occurred RecordLounge is no way liable for such misuse. Because RecordLounge is not involved in user-to-user dealings and does not control the behavior of participants on the Site, in the event that you have a dispute with one or more users, you release RecordLounge from any claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. RecordLounge acts as a passive conduit for Posted Content and has no obligation to screen or monitor Posted Content. If RecordLounge becomes aware of any Posted Content that allegedly may not conform to these Terms of Use, RecordLounge may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms of Use. RecordLounge has no liability or responsibility to Users for performance or nonperformance of such activities. You may find some Posted Content to be offensive, indecent, harmful, inaccurate, objectionable, mislabeled or deceptively labeled. RecordLounge expects that you will use caution and common sense when using the Site and Services.

RECORDLOUNGE HAS THE ABSOLUTE RIGHT TO REVISE, MODIFY, REMOVE AND/OR DELETE WITHOUT NOTICE ANY POSTED CONTENT THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST RECORDLOUNGE FOR SUCH REMOVAL AND/OR DELETION.

YOU ACKNOWLEDGE THAT THERE MAY BE A FIXED UPPER LIMIT ON THE AMOUNT OF STORAGE SPACE THAT YOU MAY USE TO POST CONTENT AND THAT RECORDLOUNGE MAY BE REQUIRED TO COMPRESS OR PERFORM OTHER TECHNICAL PROCESSING OF YOUR POSTED CONTENT.

RECORDLOUNGE IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THIS SITE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE SITE.

We are pleased to hear from our visitors and welcome your comments. Because of the large number of ideas and works that RecordLounge has already developed, or that have been suggested to us by third parties, the possibility exists that any idea, suggestion or submission that you may make through this Site is similar to information, ideas or suggestions already known to us. By disclosing any information, idea, suggestion or other material through this Site, you agree that (a) no confidential relationship is established by virtue of such submission and that the material is not submitted in confidence and (b) no obligation of any kind is assumed by, nor may be implied against, RecordLounge by virtue of such submission. Moreover, no liability shall result from the use of such information, ideas or suggestions by RecordLounge.

Use of Content

You may use Content for personal, non-commercial use for entertainment purposes only. You may play Content that you have purchased or downloaded (“Purchased Content”) an unlimited number of times. You may not: (i) re-digitize, redistribute or repost Purchased Content, (ii) upload Purchased Content to the Internet, (iii) use Purchased Content in combination with any other content, (iv) use Purchased Content for promotional purposes, (v) publicly perform Purchased Content, (vi) sell or offer to sell Purchased Content, (vii) reverse engineer, decompile, translate, adapt, disassemble or otherwise tamper with Purchased Content or circumvent any technology designed to enforce these Terms of Use, and (viii) attempt to modify the Purchased Content or Terms of Use for any reason whatsoever. In addition, you must comply with all applicable laws in your use of Purchased Content.

Membership

To access some of our Services you will have to become a member by completing an online registration form. You agree that all information which you submit ("Membership Information") is true and complete, and that you will update your Membership Information to keep this information true and complete. We reserve the right to terminate any account at any time for any reason.

If any member has reason to believe that member's account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of member's ID, password, or any credit, debit or charge card number stored) notify RecordLounge of the problem to avoid possible liability for any unauthorized charges to member's account.

Passwords and Security

Upon becoming a member of the Site, you will create an ID and password. You are solely responsible for any use of or action taken under your ID and password on the Site. Your ID and password may be used only to post or to purchase Posted Content, electronically authorize transactions, review information regarding potential and completed transactions and otherwise access and use the Site and Services in accordance with these Terms and Conditions. You are solely responsible for maintaining the confidentiality and security of your password, and you hereby agree not to disclose your password to any third party (other than third parties authorized by you to use your account). You accept full responsibility for all transactions and other activity placed or conducted through your account and agree to and hereby release RecordLounge from any and all liability concerning such transactions or activity. You agree to notify RecordLounge immediately of any actual or suspected loss, theft or unauthorized use of your account or password. RecordLounge has no obligation to inquire as to the authority or propriety of any use of or action taken under your password and will not be responsible for any loss to you arising from any such use or action or from your failure to comply with the above. RecordLounge will take reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data or communications by unauthorized persons or entities.

You may not use anyone else’s RecordLounge ID, password or account at any time without the express permission and consent of the owner of the ID, password or account. RecordLounge will not beliable for any loss or damage arising or resulting from your failure to comply with these obligations.

Payment

You will be asked during the registration process to proceed to a payment processor (which may include, without limitation PayPal, a credit or debit card company, or other payment solution) and submit information to that payment processor which will enable payments to be received by RecordLounge for the sales of Content. All information that is submitted to the payment processor via an application program interface and will be handled, managed, and maintained by the payment processor; as such, the policies, including the privacy policy, of the payment processor will apply will apply to its use and treatment of your information. You acknowledge and agree that the complete privacy of your data and messages transmitted while registering or using the RecordLounge Site cannot be guaranteed. You agree that you will consult the terms and conditions that are imposed by your credit or debit card issuer for notification requirements and limitations on your liability for loss, theft, or unauthorized use of your credit or debit card. You agree that you, and not RecordLounge, will be solely responsible for the payment of all amounts billed to your credit or debit card by unauthorized third parties.

Refund Policy

There are no refunds once Content is purchased. When you click the “Buy” button, your purchases are charged to the payment processor that you have selected within your RecordLounge account.

Privacy

Please review our Privacy Policy , which governs the use of personal and identifying information on the Site.

Modifications

RecordLounge may modify the Agreement (including these Terms of Use and the Privacy Policy, the Services), or any of the policies or guidelines governing the Site, at any time and in its sole discretion, by posting the modified Terms of Use or other policies and guidelines on the Site. The modifications shall be effective upon such posting (unless some other date is specified in the posting, in which case that date shall be deemed the effective date for the modifications). You agree to review the Agreement periodically so that you are aware of any modifications. Your use of the Site indicates your full acceptance of the Terms of Use and Privacy Policy in their then-current form each time you use the Site. You agree that the notice provisions provided in these Terms of Use are reasonable. You may not modify these Terms of Use or any of the policies or guidelines governing the Site without RecordLounge's express prior written consent. You agree that RecordLounge shall not be liable to you or to any third party for any modification, suspension or discontinuance of these Terms of Use, the Privacy Policy, the Services or any other policies or guidelines governing the Site.

Third Party Sites

Users may gain access to third party sites on the Internet from the Site through hypertext or other computer links. Such third party Sites are not within the supervision or control of RecordLounge and we do not make any representations or warranties whatsoever about any third party site that is linked to this site. A link to a third party site from this Site does not constitute an endorsement of the products or services offered on such third party site.

Applicable Law

Any disputes arising out of or relating to this Agreement or use of the Site or Services shall be resolved in accordance with the laws of the State of New York, U.S.A., without regard to its conflict of law rules. Any disputes, actions or proceedings relating to this Agreement or your access to or use of the Site must be brought in the federal or state courts in the City and County of New York, U.S.A. and you irrevocably consent to the exclusive jurisdiction and venue of such courts. RecordLounge makes no claim that the Site may be lawfully viewed or that content may be downloaded outside of the United States. Access to the content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.

Enforcement Expenses

The prevailing party in a dispute relating to this Agreement and/or the use the Site and Services will be entitled to reasonable attorneys’ fees and litigation expenses including travel and living expenses, photocopying expenses, court and deposition transcript expenses, and court costs and related expenses.

Indemnity

You agree to indemnify, defend and hold harmless RecordLounge (including its officers, directors, shareholders, successors in interest, employees, agents, subsidiaries and affiliates) from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including attorneys’ fees and expenses) arising from or relating to (i) your use of the Site and/or any material or content you submit, upload, purchase, download, post or transmit through the Site; (ii) your breach of this Agreement or any representation, warranty or covenant made by you herein; or (iii) your violation of any applicable law, statute, ordinance, regulation or any third party's rights, including but not limited to, copyright infringement, harm to a third party's trademark or other intellectual property rights, or any claim of defamation, libel or slander. This obligation survives the termination of this Agreement.

Termination

YOU AGREE THAT RECORDLOUNGE, IN ITS SOLE DISCRETION, MAY TERMINATE YOUR USE OF THE SITE AND SERVICES, AND REMOVE AND DISCARD ANY CONTENT WITHIN THE SITE, FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, FOR LACK OF USE OR IF RECORDLOUNGE BELIEVES THAT YOU HAVE VIOLATED OR ACTED INCONSISTENTLY WITH THE LETTER OR SPIRIT OF THE TERMS OF USE. RECORDLOUNGE MAY ALSO IN ITS SOLE DISCRETION AND AT ANY TIME DISCONTINUE PROVIDING THE SITE AND SERVICES OR ANY PART THEREOF, WITH OR WITHOUT NOTICE. YOU AGREE THAT ANY TERMINATION OF YOUR ACCESS TO THE SITE AND SERVICES UNDER ANY PROVISION OF THIS TERMS OF USE MAY BE AFFECTED WITHOUT PRIOR NOTICE, AND ACKNOWLEDGE AND AGREE THAT RECORDLOUNGE MAY IMMEDIATELY DEACTIVATE OR DELETE YOUR POSTED CONTENT AND/OR BAR ANY FURTHER ACCESS TO SUCH FILES, THE SITE OR SERVICES. FURTHER, YOU AGREE THAT RECORDLOUNGE SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES. THE TERMS OF USE WILL CONTINUE TO APPLY TO YOUR PAST USE OF THE SITE AND SERVICES. TERMINATION OF YOUR ACCESS TO AND USE OF THE SITE AND SERVICES SHALL NOT RELIEVE YOU OF ANY OBLIGATIONS ARISING OR ACCRUING PRIOR TO SUCH TERMINATION OR LIMIT ANY LIABILITY THAT YOU OTHERWISE MAY HAVE TO RECORDLOUNGE.

Void Where Prohibited

RecordLounge administers and operates the Site from New York, NY. Although the Site is accessible worldwide, not all features, products or services provided, discussed or offered on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. RecordLounge reserves the right to limit, in its sole discretion, the provision and quantify of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Entire Agreement

This Agreement (including the Terms of Use and Privacy Policy), as modified from time to time, constitute the entire agreement between you and RecordLounge with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof.

Joint Venture

Nothing in this Agreement shall constitute or create a joint venture, partnership, or any other similar arrangement between you and RecordLounge. Neither party is authorized to act as agent or bind the other party except as expressly stated in these Terms of Use.

Assignability

This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of both parties. RecordLounge may assign this Agreement in whole or in part at any time without your consent. You may not assign this Agreement or delegate any of your obligations hereunder.

Disclaimer of Warranties

USE OF THIS SITE AND THE SERVICES IS AT YOUR OWN RISK. THIS SITE AND THE CONTENT THEREIN ARE PROVIDED ON AN "AS IS" BASIS. RECORDLOUNGE DOES NOT WARRANT THAT THE SERVICES PROVIDED WILL BE UNINTERRUPTED OR ERROR-FREE. RECORDLOUNGE IS NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENT OF OTHER SERVICES THAT MAY BE LINKED TO THIS SITE. RECORDLOUNGE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE, ANY SERVICES PROVIDED ON THE SITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE, ADVERTISED OR SOLD THROUGH THIS SITE. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT ALLOWED BY LAW.

TO THE FULLEST EXTENT ALLOWED BY LAW, RECORDLOUNGE AND ITS REPRESENTATIVES DISCLAIM ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF THE PRODUCTS OR SERVICES PROVIDED ON THIS SITE. BY USING THIS SITE, YOU ACKNOWLEDGE THAT RECORDLOUNGE IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (1) USE OF THE SITE; (2) DOWNLOADING ANY INFORMATION CONTAINED ON OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES; OR (3) EMAILS SENT FROM THIS SITE, INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM. YOU FURTHER ACKNOWLEDGE THAT RECORDLOUNGE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS THAT THE RESULTS OBTAINED FROM USE OF THE SITE OR SERVICES OR ANY ADVICE OR INFORMATION, OBTAINED BY YOU FROM RECORDLOUNGE WILL MEET YOUR EXPECTATIONS OR WILL BE SATISFACTORY IN ANY WAY.

Limitation On Liability

YOU EXPRESSLY UNDERSTAND AND AGREE TO THE FULLEST EXTENT ALLOWED BY LAW, THAT RECORDLOUNGE IS NOT LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER THAT RESULT FROM USE OF THE SITE AND SERVICES, INCLUDING BUT NOT LIMITED TO: (1) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES; (2) DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES; (3) DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF SITE, ERRORS OR OMISSIONS; (4) DAMAGES RELATED TO DOWNLOADING INFORMATION, POSTING INFORMATION OR SENDING OR RECEIVING EMAILS; AND (5) DAMAGES RESULTING FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER CONTAMINATION OR DESTRUCTIVE PROGRAMS, EVEN IF RECORDLOUNGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RECORDLOUNGE's LIABILITY SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS IN ANY JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITIES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Miscellaneous

In most cases, when we refer to "RecordLounge" in the Agreement, we also mean its agents, representatives and employees.

No failure of RecordLounge to enforce any of its rights under the Agreement will act as a waiver of such rights.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site and Services or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

If any portion of any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of this Agreement shall remain in full force and effect.

Headings used in this Agreement are for convenience only and have no legal or contractual significance.

Violations

Please report any violations of the Terms of Use to admin@recordlounge.com .