lockoutmusic.com Website Terms of Use and Notices Last Updated: April 2009
1. This is an agreement ("Agreement") between you and Lockout Music (or, if applicable based on where you live, one of its affiliates). This Agreement governs your use of any Web site or Web page operated by Lockout Music (each, a "lockoutmusic.com Web Site," and collectively, the "lockoutmusic.com Web Sites"). You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct.
Lockout Music OFFERS THE lockoutmusic.com WEB SITES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE lockoutmusic.com WEB SITES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 9, 10, and 11); AND AN EXCLUSIVE REMEDY (See Section 10). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
2. Lockout Music reserves the right to change the terms, conditions, and notices under which it offers the lockoutmusic.com Web Sites, including any charges associated with the use of the lockoutmusic.com Web Sites. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any lockoutmusic.com Web Site. Your continued use of the lockoutmusic.com Web Sites after the effective date of such changes constitutes your acceptance of and agreement to such changes.
3. Any lockoutmusic.com Web Site section may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that lockoutmusic.com Web Site, including without limitation, particular features or offers (for example, free downloads). If any terms contained in this Agreement conflict with any terms contained within a lockoutmusic.com Web Site, then the terms in this Agreement shall control.
4. The lockoutmusic.com Web Sites are only for your personal use. You will not use the lockoutmusic.com Web Sites for commercial purposes. You will not use the lockoutmusic.com Web Sites in any way that is unlawful, or harms Lockout Music, its affiliates, resellers, distributors, service providers and/or suppliers (each, a "Lockout Music Party" and collectively, the "Lockout Music Parties") or any customer of a Lockout Music Party, as determined in Lockout Music's sole discretion. Lockout Music may tell you about certain specific harmful uses in a code of conduct or other notices available through a lockoutmusic.com Web Site, but has no obligation to do so. You may not use the lockoutmusic.com Web Sites in any way that breaches any code of conduct, policy or other notice applicable to the lockoutmusic.com Web Sites. Without limiting the generality of this section, you may not use the lockoutmusic.com Web Sites in any manner that could damage, disable, overburden, or impair any lockoutmusic.com Web Site (or the network(s) connected to any lockoutmusic.com Web Site) or interfere with any other party's use and enjoyment of the lockoutmusic.com Web Sites.
5. Without limiting the generality of Section 4, you will not use the lockoutmusic.com Web Sites to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. You will not use the lockoutmusic.com Web Sites in any way that violates the Lockout Music Anti-Spam Policy. A breach of any part of this Anti-Spam section is a breach of this Agreement. Lockout Music may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of the lockoutmusic.com Web Sites includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the lockoutmusic.com Web Sites even if such e-mail does not violate the Anti-Spam Policy.
6. For materials you post or otherwise provide to Lockout Music related to the lockoutmusic.com Web Sites (a "Submission"), you grant Lockout Music permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the lockoutmusic.com Web Sites, and (2) sublicense these rights, to the maximum extent permitted by applicable law. Lockout Music will not pay you for your Submission. Lockout Music may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section. To the maximum extent permitted by applicable law, Lockout Music may monitor your e-mail and use of the lockoutmusic.com websites, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of the Lockout Music Parties or any customer of a Lockout Music Party.
7. Your use of any software associated with the lockoutmusic.com Web Sites will be governed by the terms and conditions of the end user license agreement ("EULA") accompanying such software. If you receive any software that is not accompanied by a EULA, then Lockout Music grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the lockoutmusic.com Web Sites and in accordance with this Agreement. Lockout Music reserves all rights to such software not expressly granted to you in this Agreement. Such software is protected by copyright and other intellectual property laws and treaties. Lockout Music or its suppliers own the title, copyright, and other intellectual property rights in such software, and such software is licensed, not sold. You will not disassemble, de-compile, or reverse engineer, such software, except and only to the extent that such activity is expressly permitted by applicable law. Lockout Music may automatically check your version of such software and may automatically download upgrades to such software to your computer to update, enhance and further develop the lockoutmusic.com Web Sites.
8. Lockout Music and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the lockoutmusic.com Web Sites including interviews, trailers, opinions expressed may not be the opinions of Lockout Music or any of its affiliates or agents, even if such information appears in any e-mail, pager, cell phone or other alerts available through the lockoutmusic.com Web Sites. Lockout Music and its suppliers do not authorize the use of information available from the lockoutmusic.com Web Sites including music and movie downloads or other media or information, for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of its services or information for commercial purposes. Lockout Music is not a broker/dealer or reseller of any of the free download software, media products or information contained in the lockoutmusic.com websites. Nothing contained in the lockoutmusic.com Web Sites constitute an offer or solicitation to buy or sell any security. Lockout Music does not endorse or recommend any particular product or service, including financial products or services. Nothing contained in the lockoutmusic.com Web Sites is intended to constitute professional advice, including but not limited to, investment or tax advice.
9. Lockout Music MAKES NO WARRANTY Lockout Music PROVIDES THE lockoutmusic.com WEB SITES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Lockout Music PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE Lockout Music PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE lockoutmusic.com WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
10. YOUR EXCLUSIVE REMEDY IN NO EVENT WILL ANY Lockout Music PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE lockoutmusic.com WEB SITES, EVEN IF SUCH Lockout Music PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 10 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE lockoutmusic.com WEB SITES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY Lockout Music PARTY WITH RESPECT TO THIS AGREEMENT OR THE lockoutmusic.com WEB SITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE lockoutmusic.com WEB SITES.
11. THE Lockout Music PARTIES MAY CHANGE THE lockoutmusic.com WEB SITES OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the lockoutmusic.com Web Sites, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by Lockout Music and persons other than Lockout Music (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT THE Lockout Music PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT Lockout Music IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE lockoutmusic.com WEB SITES, (2) ANY INCOMPATIBILITY BETWEEN THE lockoutmusic.com WEB SITES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE lockoutmusic.com WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE lockoutmusic.com WEB SITES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 9, 10 AND 11 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
12. Lockout Music may terminate this Agreement, or terminate or suspend your access to the lockoutmusic.com Web Sites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the lockoutmusic.com Web Sites will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE TRANSMITTED OR STORED, ON THE lockoutmusic.com WEB SITES MAY NOT BE RETRIEVED LATER.
13. If this Agreement is with Lockout Music Corporation, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the United Kingdom, without reference to conflict of laws principles. If this Agreement is with a Lockout Music affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such Lockout Music affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your place of residence in the United Kingdom, or, if you reside outside the United Kingdom, under the laws of the country to which the subject lockoutmusic.com Web Sites are directed. If this Agreement is with Lockout Music, you hereby irrevocably consent to the exclusive jurisdiction and venue of County or Crown courts in City of Gloucestershire, England in all disputes arising out of or relating to the use of the lockoutmusic.com Web Sites. If this Agreement is with a Lockout Music affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such Lockout Music affiliate in all disputes arising out of or relating to the use of the lockoutmusic.com Web Sites.
14. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. Lockout Music may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the lockoutmusic.com Web Sites. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and Lockout Music with respect to the lockoutmusic.com Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Lockout Music with respect to the lockoutmusic.com Web Sites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
15. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM YOU AND Lockout Music AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE lockoutmusic.com WEB SITES MUST COMMENCE WITHIN ONE (1) WEEK AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. 16. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS All contents of the lockoutmusic.com Web Sites are Copyright © 2009 Lockout Music and/or its suppliers.
All rights reserved. Lockout Music, lockoutmusic.com, lockoutmusic.com logo, and/or other Lockout Music products and services referenced herein may also be either trademarks or registered trademarks of Lockout Music in the United Kingdom, the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved. Certain software used in certain lockoutmusic.com Web Sites servers is based in part on the work of the Even Technologies Inc. Copyright © 1997 - 2009. and Bestfrontseat Ltd Copyright © 2005 - 2009 All rights reserved.
17. Pursuant to (details of copyright laws) notifications of claimed copyright infringement should be sent to copyright@lockoutmusic.com ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
18. FOR INFORMATION REGARDING THE lockoutmusic.com PRIVACY STATEMENT CLICK HERE.
