Terms of Use

The following terms of use, together with any policies or documents that are expressly incorporated by reference (collectively, the “Terms of Use”), govern your use of the www.jamesaustinjr.com website (hereinafter, the “Site”).  The Site is made available by Bop 2 Rock Entertainment, Inc., d/b/a JCA Records  (“B2R” or “we” or “us”).  We may change the Terms of Use from time to time, or at any time, without notice to you, by posting such changes on the Site.  BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS OF USE AS APPLIED TO YOUR USE OF THE SITE.  If you do not agree to these Terms of Use, you are not authorized to access or otherwise use the Site.

 

1.         Proprietary Rights.  As between you and us, we own, solely and exclusively, all rights, title and interest in and to the Site, and all the content thereon (the “B2R Content), excluding only the “User Content” defined in paragraph 4 below.  The B2R Content includes, for example and without limitation, photographs, illustrations, graphics, other visuals, audio, video, software, text, the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, and other intellectual property and proprietary rights therein.  Your use of the Site does not grant to you ownership of any B2R Content you may access on the Site.  You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Site, except as provided herein.  You may view the B2R Content on the Site on your computer or other internet-compatible device, and make single copies or prints of the B2R Content on the Site for your personal, internal use only.  Any commercial distribution, publishing or exploitation of the Site, or any B2R Content, is strictly prohibited unless you have received the express prior permission of B2R.  If you make unauthorized use of the Site, or any B2R Content, you may violate copyright, trademark, and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

 

2.         Trademarks.  The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of B2R and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders.  All Trademarks not owned by B2R that appear on the Site, if any, are the property of their respective owners and used by permission thereof.  Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of B2R or the third party that may own the applicable Trademark. Your use of the Trademarks displayed on the Site is strictly prohibited.

 

3.         User Information.  In the course of your use of the Site, you may be asked to provide, or may otherwise elect to provide, certain personalized information to us (such information referred to hereinafter as “User Information”).  Our information collection and use policies with respect to the privacy of such User Information are set forth in the Site’s Privacy Policy which is incorporated herein by reference for all purposes.  You acknowledge and agree that you are solely responsible for the accuracy and content of User Information.  You further acknowledge and agree that we may use your User Information in any manner consistent with the Site’s Privacy Policy.

 

4.         User  Content.   To the extent B2R allows users to post content on the Site, and to the extent you wish to post content, including, without limitation, photos, comments, audio, video, links, and other materials, then anything that you post or otherwise make available on the Site is referred to as “User Content.” You retain ownership rights in, and are solely responsible for, the User Content you post to the Site.  However, you grant to us and to our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, create derivative works of, perform, and distribute your User Generated Content on the Site and/or to incorporate it in other works in any form, media, or technology now known or later developed.  By posting your User Content you: (i) represent and warrant that such User Content is original to you or you have acquired the full rights and title to such User Content, and (ii) that no other party has any rights thereto, and that any “moral rights” in the User Content have been waived.  You also understand and agree that by posting User Content on the Site you will be publicly disclosing certain personally identifiable information about yourself.  Such personally identifiable information may include, for example, your name, and your likeness.  We cannot be responsible for maintaining any User Content you post on the Site, and we may delete or destroy any such User Content at any time.

 

5.         User Conduct.  You warrant and agree that, while using the Site, you shall not upload, post or transmit to the Site, or distribute or otherwise publish through the Site, any materials that: (a) are protected by third party copyright, or other proprietary or intellectual property right; (b) are unlawful, threatening, hateful, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, profane, obscene, vulgar or that contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), (c) restrict or inhibit any other user from using and enjoying the Site, (d) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (e) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.

 

You also warrant and agree that you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material); (c) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information, or send chain letters or pyramid schemes via the Site; or (d) attempt to gain unauthorized access to other computer systems through the Site. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

 

Although B2R may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, B2R is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations on the Site nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site.

 

You agree that if you include a link from any other Web site to the Site, such link shall open in a new browser window.  You agree not to link from any other Web site to this Site in any manner such that the Site, or any page of the Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding.  We reserve the right to revoke your right to link to the Site from your Web site at any time upon written notice to you.

 

You agree to defend, indemnify and hold B2R and its members, directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site, your placement or transmission of any message, content, information, software or other materials through the Site, or your breach or violation of the law or of these Terms of Use.  B2R reserves the right, subject to the indemnification provisions contained herein, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with B2R’s defense of such claim.

 

6.            Third Party Web Sites.  You may be able to link from the Site to third party Web sites (“Linked Sites”).  For example, you may be able purchase products or services from certain third party vendors on or though Linked Sites. You acknowledge and agree that we have no responsibility and assume no liability for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites.  Links to Linked Sites do not constitute an endorsement by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites.

 

7.        DISCLAIMER OF WARRANTIES.  THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED.  WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.  WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS.  NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.  B2R ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE.  IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, B2R AND ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH B2R OR ITS AGENTS.  ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED BY B2R “AS IS”, EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND B2R OR ITS LICENSOR OR SUPPLIER.

 

8.        LIMITATION OF LIABILITY.  IN NO EVENT SHALL B2R OR ANY OF ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.  IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE.  IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO B2R FOR YOUR USE OF THE SITE.

 

9.        Applicable Laws. We control and operate the Site from our offices in the United States of America.  We do not represent that materials on the Site are appropriate or available for use in other locations.  Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

10.        Modifications to the Site and the Services.  We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability.  We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.

 

11.        Monitoring and Enforcement.  We have the right to:

•  Limit or prohibit your access to or use of the Site at any time.

•  Change, edit, remove or refuse to post any User Content for any or no reason in our sole discretion.

•  Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including without limitation if we believe that such User Content violates these Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public or could create liability for us.

•  Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

•  Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.

•  Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site.  YOU WAIVE AND HOLD HARMLESS B2R AND OUR AFFILIATES, AND EACH OF THEIR AND OUR RESPECTIVE LICENSORS, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.

•  We may monitor User Content for compliance with these Terms of Use; however, we cannot and do not undertake to review all or any User Content before they are posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted.  Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.  We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

12.        Miscellaneous.  The Terms of Use and the relationship between you and us shall be governed by the laws of the State of New York, without regard to its conflict of law provisions.  You agree that any cause of action that may arise under the Terms of Use shall be commenced and be heard in the appropriate court in the State of New York, County of New York.  You agree to submit to the personal and exclusive jurisdiction of the courts located within New York County in the State of New York.  Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.  If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

 

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