THIS WEBSITE IS OWNED AND OPERATED BY thetrackshack.com (the
ÒCompanyÓ). BY USING AND/OR
VISITING THIS WEBSITE (ÒWebsiteÓ), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS
AND CONDITIONS (the ÒTerms of ServiceÓ) AND THE TERMS AND CONDITIONS OF the
WebsiteÕs PRIVACY POLICY, WHICH ARE PUBLISHED AT http://www.thetrackshack.com
of service
http://www.thetrackshack.com, AND WHICH ARE INCORPORATED HEREIN BY
REFERENCE. If you do not agree to
any of these terms, then please do not use the Website.
These Terms of Service apply to all users of the Website,
including users who are also contributors of original sound recordings (ÒSound
RecordingsÓ) and information, and other materials related the Sound Recordings on
the Website. The Website may
contain links to third party websites that are not owned or controlled by the
Company. The Company has no
control over, and assumes no responsibility for, the content, privacy policies,
or practices of any third party websites.
In addition, the Company will not and cannot censor or edit the content
of any third-party site. By using
the Website, you expressly release the Company from any and all liability
arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the
Website and to read the terms and conditions and privacy policy of each other
website that you visit.
A. The Company hereby
grants you permission to use the Website as set forth in this Terms of Service,
provided that: (i) your use of the Website as permitted is solely for your
personal, noncommercial use; (ii) you will not copy or distribute any part of
the Website in any medium without the Company's prior written authorization; (iii)
you will not alter or modify any part of the Website other than as may be
reasonably necessary to use the Website for its intended purpose; and (iv) you
will otherwise comply with the terms and conditions of these Terms of Service.
B. In order to access
some features of the Website, you will have to create an account. You may never use another's account
without permission. When creating
your account, you must provide accurate and complete information. You are solely responsible for the
activity that occurs on your account, and you must keep your account password
secure. You must notify the
Company immediately of any breach of security or unauthorized use of your
account. Although the Company will
not be liable for your losses caused by any unauthorized use of your account,
you may be liable for the losses of the Company or others due to such
unauthorized use.
C. You agree not to
use or launch any automated system, including without limitation, Òrobots,Ó Òspiders,Ó
Òoffline readers,Ó etc., that accesses the Website in a manner that sends more
request messages to the Company
servers in a given period of time than a human can reasonably produce in
the same period by using a convention on-line web browser. Notwithstanding the foregoing, the
Company grants the operators of public search engines permission to use spiders
to copy materials from the site for the sole purpose of creating publicly
available searchable indices of the materials, but not caches or archives of
such materials. The Company reserves
the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any
personally identifiable information, including account names, from the Website,
nor to use the communication systems provided by the Website for any commercial
solicitation purposes. You agree
not to solicit, for commercial purposes, any users of the Website.
The content on the Website, except all User Submissions (as
defined below), including without limitation, the text, software, scripts,
graphics, photos, sounds, music, videos, interactive features and the like (ÒContentÓ)
and the trademarks, service marks and logos contained therein (ÒMarksÓ), are
owned by or licensed to the Company, subject to copyright and other
intellectual property rights under United States and foreign laws and
international conventions. Content
on the Website is provided to you AS IS for your information and personal use
only and may not be used, copied, reproduced, distributed, transmitted,
broadcast, displayed, sold, licensed, or otherwise exploited for any other
purposes whatsoever without the prior written consent of the respective owners. The Company reserves all rights not
expressly granted in and to the Website and the Content. You agree to not engage in the use,
copying, or distribution of any of the Content other than expressly permitted
herein, including any use, copying, or distribution of User Submissions of
third parties obtained through the Website for any commercial purposes. If you download or print a copy of the
Content for personal use, you must retain all copyright and other proprietary
notices contained therein. You
agree not to circumvent, disable or otherwise interfere with security related
features of the Website or features that prevent or restrict use or copying of
any Content or enforce limitations on use of the Website or the Content
therein.
A. The Website may
now or in the future permit the submission of sound recordings or other
communications submitted by you and other users (ÒUser SubmissionsÓ) and the
hosting and/or publishing of such User Submissions. You understand that whether or not such User Submissions are
published, the Company does not guarantee any confidentiality with respect to
any submissions.
B. You shall be
solely responsible for your own User Submissions and the consequences of
posting or publishing them. In
connection with User Submissions, you affirm, represent, and/or warrant that:
(i) you own or have the necessary licenses, rights, consents, and permissions
to use and authorize the Company to use all patent, trademark, trade secret,
copyright, publicity, publishing or other proprietary rights in and to any and
all User Submissions to enable inclusion and use of the User Submissions in the
manner contemplated by the Website and these Terms of Service; and (ii) you
have the written consent, release, and/or permission of each and every
identifiable individual person in the User Submission to use the name or
likeness of each and every such identifiable individual person to enable
inclusion and use of the User Submissions in the manner contemplated by the
Website and these Terms of Service.
For clarity, you retain all of your ownership rights in your
User Submissions. However,
by submitting the User Submissions to the Company, you hereby grant the Company
a worldwide, perpetual, non-exclusive, royalty-free, sublicenseable and
transferable license to use, reproduce, distribute, display, publicly and
digitally perform the User Submissions in connection with the Website and the
Company's (and its successor's) business, including without limitation for
promoting and redistributing part or all of the Website (and derivative works
thereof) in any media formats and through any media channels including the
interactive or non-interactive digital broadcast of the User Content (only if
the User Content includes nondramatic sound recording, the composition
associated with the User Content).
You also hereby grant each user of the Website a non-exclusive license
to access your User Submissions through the Website, and to reproduce, display
and perform such User Submissions as permitted through the functionality of the
Website and under these Terms of Service.
The foregoing license granted by you terminates once you remove or
delete a User Submission from the Website.
C. In
connection with User Submissions, you further agree that you will not: (i)
submit material that is copyrighted, protected by trade secret or otherwise subject
to third party proprietary rights, including publishing rights, privacy and
publicity rights, unless you are the owner of such rights or have permission
from their rightful owner to post the material and to grant the Company all of
the license rights granted herein; (ii) publish falsehoods or
misrepresentations that could damage the Company or any third party; (iii)
submit material that is unlawful, obscene, defamatory, libelous, threatening,
pornographic, harassing, hateful, racially or ethnically offensive, or
encourages conduct that would be considered a criminal offense, give rise to
civil liability, violate any law, or is otherwise inappropriate; (iv) post
advertisements or solicitations of business: (v) impersonate another person. The Company does not endorse any
User Submission or any opinion, recommendation, or advice expressed therein,
and the Company expressly disclaims any and all liability in connection with
User Submissions. The Company does
not permit copyright infringing activities and infringement of intellectual
property rights on its Website, and the Company will remove all Content and
User Submissions if properly notified that such Content or User Submission
infringes on another's intellectual property rights. The Company reserves the right to remove Content and User
Submissions without prior notice. The
Company will also terminate a User's access to its Website, if they are
determined to be a repeat infringer.
A repeat infringer is a User who has been notified of infringing activity
more than twice and/or has had a User Submission removed from the Website more
than twice. The Company also
reserves the right to decide whether Content or a User Submission is
appropriate and complies with these Terms of Service for violations other than
copyright infringement and violations of intellectual property law, such as,
but not limited to, pornography, obscene or defamatory material, or excessive
length. The Company may remove
such User Submissions and/or terminate a User's access for uploading such
material in violation of these Terms of Service at any time, without prior
notice and at its sole discretion.
D. If you are a
copyright owner or an agent thereof and believe that any User Submission or
other content infringes upon your copyrights, you may submit a notification
pursuant to the Digital Millennium Copyright Act (ÒDMCAÓ) by contacting our
Copyright Agent (at copyright@thetrackshack.com).
E. You understand
that when using the Website, you will be exposed to User Submissions from a
variety of sources, and that the Company is not responsible for the accuracy,
usefulness, safety, or intellectual property rights of or relating to such User
Submissions. You further
understand and acknowledge that you may be exposed to User Submissions that are
inaccurate, offensive, indecent, or objectionable, and you agree to waive, and
hereby do waive, any legal or equitable rights or remedies you have or may have
against the Company with respect thereto, and agree to indemnify and hold the
Company, its owners/operators, affiliates, and/or licensors, harmless to the
fullest extent allowed by law regarding all matters related to your use of the
site.
F. The Company
permits you to link to materials on the Website for personal, non-commercial
purposes only. In addition, the Company provides an ÒEmbeddable PlayerÓ
feature, which you may incorporate into your own personal, non-commercial
websites for use in accessing the materials on the Website, provided that you
include a prominent link back to the Website on the pages containing the
Embeddable Player. The Company reserves the right to discontinue any aspect of the
Website at any time.
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW
AND THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE
THEREOF. THE COMPANY MAKES NO
WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S
CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO
LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED
ACCESS TO OR USE OF THE COMPANYÕS SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE
BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY
LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. THE COMPANY DOES NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR
SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALLTHE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES,
OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE,
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE COMPANYÕS SECURE SERVERS AND/OR
ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR
THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN
ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR
USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE
VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL
THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE FOREGOING LIMITATION
OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE
APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE
FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY
THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS
ENTIRELY WITH YOU.
The Website is controlled and offered by the Company from its
facilities in the United States of America. The Company makes no representations that the Website is
appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions
do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless the Company, its
parent corporation, officers, directors, employees and agents, from and against
any and all claims, damages, obligations, losses, liabilities, costs or debt,
and expenses (including but not limited to attorney's fees) arising from: (i)
your use of and access to the Website; (ii) your violation of any term of these
Terms of Service; (iii) your violation of any third party right, including
without limitation any copyright, property, or privacy right; or (iv) any claim
that one of your User Submissions caused damage to a third party. This defense and indemnification
obligation will survive these Terms of Service and your use of the Website.
You affirm that you are either more than 18 years of age, or an emancipated
minor, or possess legal parental or guardian consent, and are fully able and
competent to enter into the terms, conditions, obligations, affirmations,
representations, and warranties set forth in these Terms of Service, and to
abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as
the Website is not intended for children under 13.
These Terms of Service, and any rights and licenses granted
hereunder, may not be transferred or assigned by you, but may be assigned by the
Company without restriction.
You agree that: (i) the Website shall be deemed solely based in
California; and (ii) the Website shall be deemed a passive website that does
not give rise to personal jurisdiction over the Company, either specific or
general, in jurisdictions other than California. These Terms of Service shall be governed by the internal
substantive laws of the State of California, without respect to its conflict of
laws principles. Any claim or
dispute between you and the Company that arises in whole or in part from the
Website shall be decided exclusively by a court of competent jurisdiction
located in Sacramento County, California or the United States District Court
for the Eastern District of California.
These Terms of Service, together with the Privacy Notice at http://www.thetrackshack.com
and any other legal notices published by the Company on the Website, shall
constitute the entire agreement between you and the Company concerning the
Website. If any provision of these
Terms of Service is deemed invalid by a court of competent jurisdiction, the
invalidity of such provision shall not affect the validity of the remaining
provisions of these Terms of Service, which shall remain in full force and
effect. No waiver of any term of
this these Terms of Service shall be deemed a further or continuing waiver of
such term or any other term, and the Company's failure to assert any right or
provision under these Terms of Service shall not constitute a waiver of such
right or provision. The Company
reserves the right to amend these Terms of Service at any time and without
notice, and it is your responsibility to review these Terms of Service for any
changes. Your use of the Website
following any amendment of these Terms of Service will signify your assent to
and acceptance of its revised terms.
YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR
RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF
ACTION ACCRUES. OTHERWISE, SUCH
CAUSE OF ACTION IS PERMANENTLY BARRED.