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Agreement to Terms of Use


These Terms and Conditions of Use (the "Terms of Use") apply to the World Record Music website located at http://www.worldrecordmusic.com. (the "Site"). The Site is the property of World Record Music, LLC. ("World Record Music") and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. 

World Record Music reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, World Record Music grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to World Record Music, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without World Record Music's express prior written consent.

Your Use of the Site

You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. World Record Music reserves the right to bar any such activity. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any World Record Music server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of World Record Music, including any World Record Music account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of World Record Music or others.

 

Proprietary Rights

World Record Music owns, solely and exclusively, all right, title and interest in and to the Site and all content contained and/or made available on, through or in connection therewith (the "Content"), and all such Content is protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, rules, regulations and treaties. The term "Content" includes, without limitation, all video (and the sound recordings and musical compositions embodied therein), audio sound recordings and the musical compositions embodied therein, artwork, photographs, illustrations, graphics, logos, copy, lyrics, text, computer code, data, user interfaces, visual interfaces, information, materials, and all copyrightable or otherwise legally protectable elements of the Site, including, without limitation, the design, selection, sequence, look and feel, and arrangement of the Site, and any copyrights, trademarks, service marks, trade names, trade dress, patent rights, database rights and/or other intellectual property and/or proprietary rights therein including all goodwill, and including with respect to any content contained and/or made available in any advertisements or information presented to you via the Site.

You must not alter, delete or conceal any copyright, trademark, service mark or other notices contained on the Site, including, without limitation, notices on any Content you license from us, or which Content you transmit, display, print, stream or reproduce from the Site. Except as expressly authorized by World Record Music (e.g., pursuant to Site Services that allow for the use of embeddable or viral features, etc.), you shall not, nor shall you allow any third party (whether or not for your benefit or otherwise) to, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website or platform), or otherwise use, any Content without the express, prior written consent of World Record Music or its owner if World Record Music is not the owner. Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local laws, or applicable foreign laws, rules, regulations and treaties. We require users to respect copyrights, trademarks, and other intellectual property rights and we shall aggressively enforce same to the fullest extent of the law, including seeking criminal prosecution. We likewise respect the intellectual property of others. If you believe that the Site contains elements that infringe your copyrights in your work, please follow the procedures set forth below.

If you are a copyright owner or an agent thereof and believe that any content on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Designated Agent (as set forth below) with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works on the Site;
    • • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, email address;
  • • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
  • • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Written notification of claimed infringement must be submitted to the following Designated Agent:

Name and Address of Designated Agent: Adam Freedman, c/o World Record Music LLC, 104 W. 29th St., Suite #1101, New York, NY 10001. Email Address: adam@worldrecordmusic.com. For clarity, only DMCA notices should be sent to the Designated Agent and any other feedback, comments, requests for technical support, and other communications should be directed to World Record Music by sending an email to info@worldrecordmusic.com. You acknowledge and agree that if you fail to comply with all of the requirements set forth above in this section, your DMCA notice may not be valid.

If you believe your content that we removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to applicable law, to make such content available to World Record Music for use on the Site, you may send a counter-notice containing the following information to our Copyright Agent:

  • • Your physical or electronic signature;
  • • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • • A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content; and
  • • Your name, address, telephone number, and, if applicable, email address, and a statement that you shall accept service of process from the person who provided notification of the alleged infringement.
  •  

If a counter-notice is received by our Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or the User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

No Unlawful Uses 

As a condition of your use of this website, you warrant to us that you will not use the website for any purpose that is unlawful or prohibited by these Terms. You agree not to use the website in any manner that could damage, disable, overburden or impair the website, or interfere with any other party's use and enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the website.

Age Restrictions

If you are under eighteen (18) years of age, you must have parental consent before ordering/purchasing any song on this site.

Song Licensing at World Record Music 

The World Record Music website allows you to purchase licenses to specific songs for specific uses. In order to download a Song, you will be required to agree to the usage terms for the Song and to purchase a license that limits the use of the Song to those exact terms. The provisions of the License will control your use of the Song. All Songs and all rights not expressly granted in writing remain the exclusive property of World Record Music and its content providers. All purchases are final.

Non-Compete
You may not use any Song to promote a business that sells or licenses Songs, or otherwise competes with World Record Music in any manner.

Indemnification
World Record Music will pursue all necessary legal action and will seek all available financial compensation and damages (including statutory copyright damages up to $150,000 per item) should World Record Music be notified or otherwise discover any infringement or wrongful use of any Song, information, or Content available through this website. You will indemnify World Record Music its subsidiaries, its affiliates, and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of these Terms or your unauthorized use of the Songs, Content and related rights.

Privacy Policy

World Record Music fully respects your rights to privacy and utilizes the following practices in regards to any information we are provided or obtain about users of this website. World Record Music reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at our sole discretion. 

Personally Identifiable Information

In order to fulfill licensing transactions or provide service to you as a customer of World Record Music, we may require you to provide certain information to us. Common items may include, but are not limited to, your name, address, phone number and credit card number. By providing this information to World Record Music, you are agreeing to allow us to utilize this information to complete all transactions you request through this website and to disclose that information and details of all such transactions to World Record Music, our subsidiaries, affiliates and any necessary payment processors. Because of the nature of the Internet, such data may pass through any country. We use standard commercial practices for keeping such data confidential, but there is no guarantee that such practices will prevent the disclosure or further distribution of such data beyond World Record Music.

Email
If you have provided us your email address, World Record Music periodically sends promotional emails to its subscribers about services offered by World Record Music and its partners. If you do not wish to receive email information from World Record Music or its partners, please let us know by emailing us at info@worldrecordmusic.com.

Disclaimers
This website and its content are provided "as is" and World Record Music excludes to the fullest extent permitted by applicable law any warranty, express or implied, including, without limitation, any implied Warranties of title, non-infringement, merchantability, satisfactory quality or fitness for a particular purpose. The functions embodied on, or in the materials of, this website are not warranted to be uninterrupted or Without error. You assume the entire cost of all necessary servicing, repair or correction due to your use of this website.  World Record Music makes no warranty as to the accuracy, completeness or reliability of Any content, information, products, services or materials made available on or through this site. You expressly agree that your use of this site is at your sole risk. World Record Music neither endorses nor Is responsible for the accuracy, completeness or reliability of any opinion, advice, statement, information or other content made available on or through this site, nor will it be liable under any circumstances for Any loss or damage caused by your reliance on any content, information, products, services or materials obtained on or through this site.

Except as specifically stated in these Terms, any Licenses or elsewhere on this website, or as otherwise required by applicable law, neither World Record Music nor its directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the Content whether or not we have been advised of the possibility of such damages. There may be links to other websites from the World Record Music website; however, these other websites are not controlled by World Record Music and we are not responsible for any content contained on any such website or any loss suffered by you in connection with your use of such websites. You waive any and all claims against World Record Music regarding the inclusion of links to outside websites or your use of those websites. Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

Governing Law and Venue 

These Terms will be interpreted, construed and governed by the laws of the state of New York, without reference to its laws relating to conflict of laws and not including the provisions of the United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under these Terms will lie exclusively in state or federal courts of located in New York City, New York and each party agrees not to contest the personal jurisdiction or venue of these courts. Notwithstanding the foregoing, however, World Record Music will have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of World Record Music, such action is necessary or desirable.

Waiver or Amendment

No action of World Record Music, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms. Should any clause of these Terms be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.

We reserve the right, in our sole discretion, with immediate effectiveness, to change, modify, add, remove or otherwise alter these Terms at any time without notice. It is your responsibility to check these Terms periodically for any changes. Your continued use of our websites or services following the posting of any changes to these Terms constitutes your acceptance of such changes.