800 POUND GORILLA RECORDS, LLC WEBSITE AND MOBILE APPLICATION TERMS AND CONDITIONS
DESCRIPTION OF SERVICE AND ACCEPTANCE OF TERMS
800 Pound Gorilla Records, (“800 Pound Gorilla Records,” “we,” or “us”), provides the website www.800poundgorillarecords.com (“800 Pound Gorilla Records Site”) as a destination for users to enjoy the content posted by 800 Pound Gorilla Records and other users and participate in discussion and commentary based on that content (collectively, the “Content”). The Content, our video player, and any other features, tools, materials, or other services offered from time to time by 800 Pound Gorilla Records through the Site, mobile applications and other means are referred to collectively as the “800 Pound Gorilla Records Services.”
By using any of 800 Pound Gorilla Records Services, you are agreeing to these Terms.
CHANGES TO THESE TERMS
We may need to make changes to these Terms for many reasons. You should look at these Terms regularly, which are posted on the SITE and are accessible via a link at the bottom of page. If we make a material change to these Terms, we will notify you by posting notice of the change on 800 Pound Gorilla Records Site. If you are a registered user, we will also send an email to the email address you most recently provided to us prior to the change taking effect. Therefore, it is important that you keep your account information, including email address, updated. Material changes to these Terms are effective automatically 30 days after they are initially posted.
ACCESS AND USE OF 800 Pound Gorilla Records SERVICES
3.1 Age Limitations. If you are under the age of 13, you are not permitted to register with 800 Pound Gorilla Records or provide your personal information to 800 Pound Gorilla Records.
3.2 Your License. 800 Pound Gorilla Records is pleased to grant you a non-exclusive limited license to use 800 Pound Gorilla Records Services, including accessing and viewing the Content for personal, non-commercial purposes as set forth in these Terms.
3.3 The Content. You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any software or other means interfere with or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism or other content protection measure associated with the Content. You may not either directly or through the use of any software or other means copy, download, distribute, modify, display, sell, or transmit the Content. You may not make the Content available via frames. In addition, you are prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content.
3.4 The Video Player. You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of 800 Pound Gorilla Records video player, its underlying technology, any digital rights management mechanism, or other content protection measure incorporated into the video player.
3.5 Embedding a Video Using the Video Player. Where 800 Pound Gorilla Records has incorporated an embed option in connection with Content on 800 Pound Gorilla Records Services, you may embed videos using the video player, provided you do not embed the Video Player on any website or other location that contains, links to, or hosts content that is unlawful, pornographic, obscene, libelous, threatening, vulgar, hateful, racially offensive, encourages criminal conduct, gives rise to civil liability, infringes any right of any third party, or is otherwise inappropriate or objectionable to 800 Pound Gorilla Records in its sole discretion (collectively, “Unsuitable Material”).
3.6 Ownership. You agree that 800 Pound Gorilla Records owns and retains all rights to 800 Pound Gorilla Records’ Services. You further agree that the Content you access and view as part of 800 Pound Gorilla Records Services is owned or controlled by 800 Pound Gorilla Records and/or 800 Pound Gorilla Records’ licensors.
3.7 Your Responsibilities. You will not use 800 Pound Gorilla Records Services in a way that:
violates the rights of others, including trademark, copyright, privacy, publicity, or other proprietary rights;
uses technology or other means to access, index, frame or link to 800 Pound Gorilla Records Services that is not authorized by 800 Pound Gorilla Records;
involves accessing 800 Pound Gorilla Records Services through any automated means, including “robots,” “spiders,” or “offline readers”;
introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware;
damages, disables, overburdens or impairs 800 Pound Gorilla Records Services, including 800 Pound Gorilla Records’ servers, computer network, or user accounts;
removes, modifies, obscures or otherwise impairs any advertising in connection with 800 Pound Gorilla Records Services;
uses 800 Pound Gorilla Records Services to advertise or promote services that are not expressly approved in advance in writing by 800 Pound Gorilla Records;
violates these Terms or any guidelines or policies posted by 800 Pound Gorilla Records;
interferes with any other party’s use and enjoyment of 800 Pound Gorilla Records Services; or
attempts to do any of the foregoing.
3.8 No Spam/Unsolicited Communications. You may not use 800 Pound Gorilla Records Services to harvest information about users for the purpose of sending, or to facilitate the sending of, unsolicited bulk or other communications.
3.9 Additional Terms. In order to participate in certain 800 Pound Gorilla Records Services or access certain Content, you may be notified that it is necessary to agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.
3.10 Suspension/Discontinuation. We may change, suspend, or discontinue some or all of 800 Pound Gorilla Records Services with respect to any or all users, at any time without notice or liability to you.
ACCOUNTS AND REGISTRATION
We may from time to time offer various features that require registration or the creation of an account with 800 Pound Gorilla Records. If at any time you choose to register or create an account with us, the additional terms and conditions set forth below also will apply.
You are responsible for all use of your account. By allowing others to access your account, you agree to be responsible for ensuring that they comply with these Terms and you agree to be responsible for their activity using 800 Pound Gorilla Records Services.
All registration information you submit must be accurate and updated. Because you are responsible for all use of your account, including unauthorized use by any third party, please be very careful to guard the security of your password. Please notify us by email at [email protected] as soon as you know of, or suspect any unauthorized use of, your account.
We reserve the right to immediately terminate your use of THE LAUGH BUTOTN Services at any time, without notice or liability, if 800 Pound Gorilla Records determines in its sole discretion that you have breached these Terms or for any other business reason.
COLLECTION AND USE OF PERSONAL INFORMATION
USER MATERIALS, REVIEWS, AND COMMENTS
6.1 Your Posts. As part of 800 Pound Gorilla Records Services, users may have an opportunity to publish, submit, or otherwise post (collectively, “Post”) videos, blogs, reviews, comments, or other materials (collectively, “User Material”). In order to keep 800 Pound Gorilla Records Services enjoyable for all of our users, you must adhere to the rules below.
You must not Post User Material that: (i) contains Unsuitable Material (as defined above in Section 3); or (ii) improperly claims the identity of another person.
You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant 800 Pound Gorilla Records the license provided below. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees and other payments owed to any party by reason of your Posting User Material. 800 Pound Gorilla Records will remove all User Material if we are properly notified that such User Material infringes on another person’s rights. You acknowledge that 800 Pound Gorilla Records does not guarantee any confidentiality with respect to any User Material.
By Posting User Material, you are not forfeiting any ownership rights in such material to 800 Pound Gorilla Records. After Posting your User Material, you continue to retain all of the same ownership rights you had prior to Posting. By Posting your User Material, you grant 800 Pound Gorilla Records a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material worldwide, including on or through any website, in perpetuity, in any media formats and any media channels now known or hereinafter created. The license you grant to 800 Pound Gorilla Records is non-exclusive (meaning you are not prohibited by us from licensing your User Material to anyone else in addition to 800 Pound Gorilla Records), fully-paid, royalty-free (meaning that 800 Pound Gorilla Records is not required to pay you for the use of your User Material), and freely sublicensable. By Posting your User Material, you also hereby grant each user of 800 Pound Gorilla Records Services a non-exclusive, limited license to access your User Material, and to use, display, reproduce, distribute, and perform such User Material as permitted through the functionality of 800 Pound Gorilla Records Services and under these Terms.
6.2 Third Party Posts. Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. 800 Pound Gorilla Records does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of 800 Pound Gorilla Records. We reserve the right, but have no obligation, to remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does 800 Pound Gorilla Records assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against 800 Pound Gorilla Records with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find by contacting us through this link: www.800poundgorillarecords.com/feedback.
LINKED DESTINATIONS AND ADVERTISING
7.1 Third Party Destinations. If we provide links or pointers to other websites or destinations, you should not infer or assume that 800 Pound Gorilla Records operates, controls, or is otherwise connected with these other websites or destinations. When you click on a link within 800 Pound Gorilla Records Services, we will not warn you that you have left 800 Pound Gorilla Records Services and are subject to the terms and conditions (including privacy policies) of another website or destination.
800 Pound Gorilla Records is not responsible for the content or practices of any website or destination other than 800 Pound Gorilla Records Site, even if it links to 800 Pound Gorilla Records Site and even if the website or destination is operated by a company affiliated or otherwise connected with 800 Pound Gorilla Records.
7.2 Advertisements. 800 Pound Gorilla Records takes no responsibility for advertisements or any third party material Posted on any of 800 Pound Gorilla Records Services, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers while using 800 Pound Gorilla Records Services are between you and the advertiser, and you agree that 800 Pound Gorilla Records is not liable for any loss or claim that you may have against an advertiser.
800 Pound Gorilla Records and other 800 Pound Gorilla Records marks, graphics, logos, scripts, and sounds are trademarks of our parent company The Music Syndicate, LLC, a New Jersey limited liability company. None of 800 Pound Gorilla Records trademarks may be copied, downloaded, or otherwise exploited without prior permission from The Music Syndicate, LLC.
It is 800 Pound Gorilla Records’ policy not to accept unsolicited submissions, including scripts, story lines, articles, characters, drawings, information, suggestions, or ideas. 800 Pound Gorilla Records’ policy is to delete or ignore any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any 800 Pound Gorilla Records creative work, including a film, series, video, blog post, story, title, or concept, would be purely coincidental.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
YOU AGREE THAT USE OF 800 Pound Gorilla Records SERVICES IS AT YOUR OWN RISK. 800 POUND GORILLA RECORDS SERVICES, INCLUDING 800 POUND GORILLA RECORDS SITE, THE CONTENT, THE VIDEO PLAYER, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH 800 POUND GORILLA RECORDS SERVICES, ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, 800 POUND GORILLA RECORDS DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT 800 Pound Gorilla Records SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
IN NO EVENT SHALL 800 POUND GORILLA RECORDS OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE “800 POUND GORILLA RECORDS PARTIES”), BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF 800 POUND GORILLA RECORDS SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH 800 POUND GORILLA RECORDS SERVICES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF 800 POUND GORILLA RECORDS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED $100.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS 800 Pound Gorilla Records PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF 800 Pound Gorilla Records SERVICES. 800 POUND GORILLA RECORDS RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any Content, User Material, or other material provided through 800 Pound Gorilla Records Services infringes your copyright, trademark or other proprietary right, you should notify 800 Pound Gorilla Records of your claim in accordance with the procedure set forth below.
We will process each notice of alleged infringement that 800 Pound Gorilla Records receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright or other infringement should be emailed to 800 Pound Gorilla Records’ intellectual property agent at [email protected] (subject line: “DMCA Takedown Request”). You may also contact us by mail at:
c/o 800 Pound Gorilla Records
2515 Cruzen Street
Nashville, TN 37211
To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright or other proprietary interest; (ii) a description of the copyrighted work or other material that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on 800 Pound Gorilla Records Services that is reasonably sufficient to enable 800 Pound Gorilla Records to identify and locate the material; (iv) how 800 Pound Gorilla Records can contact you, such as your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other proprietary rights owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material.
800 Pound Gorilla Records has a policy of terminating repeat infringers in appropriate circumstances
14.1 Export Controls. Software and the transmission of applicable technical data, if any, in connection with 800 Pound Gorilla Records Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
14.2 Choice of Law and Forum. These Terms are governed by, and construed in accordance with, the laws of the State of New Jersey without giving effect to principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Bergen County, State of New Jersey for any claim relating to 800 Pound Gorilla Records Services.
14.3 No Waiver/Reliance. If we fail to act in response to a violation of these Terms, you should not assume that we do not object to the violation or even that we are aware of it. In addition, you may not construe a waiver of any provision of these Terms with respect to any party as a waiver of that provision (or any other provision) with respect to either that party or any other party. Further, 800 Pound Gorilla Records’ decision to delay exercising or enforcing any right or remedy under these Terms shall not constitute a waiver of such right or remedy.