The following terms and conditions govern all use of the cdnrecords.com website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by CDN Records (“CDN Records”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, CDN Record’s Privacy Policy) and procedures that may be published from time to time on this Site by CDN Records (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website.
- Your cdnrecords.com Account. You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must immediately notify CDN Records of any unauthorized use of your account or any other breaches of security. CDN Records will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Payment and Renewal. By selecting a product or service, you agree to pay CDN Records the one-time and/or monthly or annual fees indicated (additional payment terms may be included in other communications).
- Responsibility of Website Visitors. CDN Records has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, CDN Records does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. CDN Records disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which cdnrecords.com links, and that link to cdnrecords.com. CDN Records does not have any control over those non-CDN Records websites and webpages, and is not responsible for their contents or their use. By linking to a non-CDN Records website or webpage, CDN Records does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. CDN Records disclaims any responsibility for any harm resulting from your use of non-CDN Records websites and webpages.
- Copyright Infringement and DMCA Policy. As CDN Records asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by cdnrecords.com violates your copyright, you are encouraged to notify CDN Records in accordance with CDN Record’s Digital Millennium Copyright Act (“DMCA”) Policy. CDN Records will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
- Intellectual Property. This Agreement does not transfer from CDN Records to you any CDN Records or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with CDN Records. CDN Records, cdnrecords.com, the cdnrecords.com logo, and all other trademarks, service marks, graphics and logos used in connection with cdnrecords.com, or the Website are trademarks or registered trademarks of CDN Records or CDN Record’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any CDN Records or third-party trademarks.
- Changes. CDN Records reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to read this Agreement whenever prompted to agree to its terms. CDN Records may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. CDN Records may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your cdnrecords.com account (if you have one), you may simply discontinue using the Website. CDN Records can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. CDN Records hereby disclaims all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. CDN Records makes no warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will CDN Records be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to CDN Records under this agreement during the twelve (12) month period prior to the cause of action. CDN Records shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the CDN Records Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
- Indemnification. You agree to indemnify and hold harmless CDN Records, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between CDN Records and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of CDN Records, or by the posting by CDN Records of a revised version. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; CDN Records may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
