Terms and Conditions
Terms and Conditions
A. General Terms and Conditions
This is a legal agreement (“Agreement”) between and among you and LiveStyle, Inc., Online Shop DeepClass Records, LLC, Online Shop DeepClass Records Europe B.V., and any other entity affiliated with LiveStyle, Inc., Online Shop DeepClass Records, LLC, and Online Shop DeepClass Records Europe B.V., (collectively, “Online Shop DeepClass Records”) stating the terms that govern your (i.e., customer, registered user, website visitor, DJ, label, brand, etc.) use of the Online Shop DeepClass Records website, including any Online Shop DeepClass Records branded website, webpage, or application (each of these websites and the services available through them are individually and collectively referred to in this Agreement as the “Website”, as the context requires, including, without limitation, any mobile version. By using the Website, you agree to and are bound by the terms of this Agreement. You must accept and abide by these terms as presented to you, and Online Shop DeepClass Records reserves the right to change, add, or remove portions of this Agreement at anytime. It is your responsibility to check the Agreement each time before using the Website, and your continued use of the Website will indicate your acceptance of any changes. In addition, you agree to comply with all local, state, federal, national, and international laws, statutes, ordinances, and regulations that apply to your use of the Website or Content (defined below).
1. Age Requirement.
In order to use the Product(s) or services offered on this Website, you need to (a) be 18 or older, or, be 13 or older and have your parent or guardian’s consent to the terms of this Agreement, and, (b) have the power to enter a binding contract with us and are not barred from doing so under any applicable laws. If there are parts of the Website where you need to register and provide certain information to Online Shop DeepClass Records: You must be at least 18 years of age. If you are at least 13 years of age, but under 18 years of age, you must present this Agreement to your parent or legal guardian, and he or she must click “AGREE” or “SIGN UP,” as may be applicable, to enter into this Agreement on your behalf.
Children under 13 years of age may not register for the Website, nor may parents or legal guardians register on their behalf. If you are a parent or legal guardian entering this Agreement for the benefit of your child or a child in your legal care, be aware that you are fully responsible for the child’s use of the Website, including all financial charges and legal liability that he or she may incur.
2. Content and Products.
All “Content”, including but not limited to digital downloads of sound recordings, streamed sound recordings and related digital content, including songs, mixes and loops, downloads or samples, and all software, artwork, graphics, video, text, editorials, content descriptions, interfaces, trademarks, logos, images, photographs, and any other element of the Website, including the layout, look and feel, organization, and coordination of such Content on the Website is the property of or is licensed to Online Shop DeepClass Records, and is protected by U.S. and international trademark, trade dress, copyright, and other intellectual property rights laws. Without the prior written consent of Online Shop DeepClass Records or the applicable copyright holder, and except as provided in this Agreement, no Content may be transmitted, distributed, translated, publicly displayed, uploaded, published, recorded, retransmitted, rented, sold, distributed, digitized, endorsed, reproduced, altered to make new works, performed, or compiled in any commercial way. Some of the Content is “Products,” which is certain Content made available by Online Shop DeepClass Records for streaming, purchase and/or download. The Content is only for your personal, noncommercial use, except for those Products provided for by Online Shop DeepClass Records Sounds.
3. Objectionable Material.
When using the Website, you understand that you may encounter Content that may be deemed objectionable, indecent, or offensive, which Content may or may not be identified as having explicit language or text, graphic designs, and/or photographs. You agree to use the Website at your own risk and Online Shop DeepClass Records shall have no liability to you for Content that may be found objectionable, indecent, or offensive. Online Shop DeepClass Records reserves the right, but not the duty, to remove Content it finds, in its sole discretion, objectionable and/or offensive.
4. Account Registration.
(a) To use certain services of the Website you must register and provide certain information (e.g. a member (user) name, password, billing information, and valid email address) to Online Shop DeepClass Records (“Registration Data”) for the purposes of creating an account (your “Account”). You agree to provide current, complete, and accurate Registration Data at the time you register and you will update your Registration Data as necessary to keep it current, complete and accurate. The Registration Data will apply to all sections of the Website and act as your username and Registration Data for access, favoriting, communicating, purchasing, and/or streaming (where purchasing and/or streaming are applicable) to all sections of the Website. Online Shop DeepClass Records may terminate your Account and any or all rights to the Website if any information you provide is inaccurate, false, incomplete, overtly offensive, misleading, or, if Online Shop DeepClass Records, in its own discretion, suspects fraudulent and/or illegal behavior, such as but not limited to identify theft, stolen credit cards, or artificial purchasing to inflate sales data, associated with your registration. You agree that Online Shop DeepClass Records may store and use the Registration Data you provide for use in billing fees to your credit card and maintaining your Account.
(b) You are solely responsible for maintaining the confidentiality and security of your Account. You agree to notify Online Shop DeepClass Records immediately of any unauthorized use of your password and/or Account. Online Shop DeepClass Records shall not be responsible for any losses arising out of the unauthorized use of your Registration Data or Account, and you agree to hold harmless and to indemnify Online Shop DeepClass Records, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of your Account. You may not attempt to gain unauthorized access to the Website. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, Online Shop DeepClass Records shall have the right to terminate your Account and pursue all available remedies at law.
5. Consent to our communication with you by E-Mail.
By establishing an Account, you grant permission for Online Shop DeepClass Records to contact you at your provided e-mail address as well as through any of your provided social media accounts (Facebook, Twitter, Instagram, etc.). You can update and manage your email preferences, under your accounts settings.
6. System Requirements for Usage.
You are responsible for any hardware, systems and/or software program(s) you use and any associated fees and expenses (a) to connect to, browse or otherwise use the Internet, and/or (b) to access the Website, and/or (c) to browse, stream, download, upload, play back, or transfer the Content. From time to time, you may have to install software, available through the Website, to aid in the accessibility of Content; however, the purchase or obtaining of any other product shall not be construed to represent or guarantee your access to the Content. If you need information on the specifications of any equipment, Internet access or software required to use the services provided by the Website, please contact the Customer Support team. You may not attempt, nor support others’ attempts, to decrypt, reverse engineer, circumvent or otherwise alter or interfere with any software required for use of the Website or Content. If you access the Website over mobile or via an IOS or Android application, data charges may apply.
7. Charges and Billing.
You agree to pay for all for-fee Products that you purchase through the Website. Online Shop DeepClass Records may charge your credit card for any Products purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. You hereby agree to authorize Online Shop DeepClass Records to charge your credit card for the above at Online Shop DeepClass Records’s convenience, but within (30) days of credit card authorization, but no earlier than the purchased Product is available for actual download or delivery, except in the case of pre-order content. YOU ARE RESPONSIBLE FOR PROVIDING Online Shop DeepClass Records WITH A VALID CREDIT CARD AND THE TIMELY PAYMENT OF ALL FEES. At its discretion, Online Shop DeepClass Records may post charges individually or aggregate your charges with other purchases you make on the Website. If any of your billing information changes, you are responsible for updating the information in the applicable section of your Account. You are responsible for any charges on your Account that are incurred by any person through your Account, regardless of whether you authorized such purchase or not. You are solely responsible for keeping your Account secure and confidential.
Online Shop DeepClass Records may, at its discretion, modify, suspend, or discontinue the Website (or any part thereof, including any Product) at any time with or without notice to you, and Online Shop DeepClass Records will not be liable to you or to any third party should it exercise such rights.
8. Limitation on Sales
Online Shop DeepClass Records sells Products to end user customers only, and not to resellers, distributors, music dealers, exporters, wholesalers, or any other businesses with an intent to resell. Online Shop DeepClass Records reserves the right to refuse access to the Website or Online Shop DeepClass Records API or sale of Products, to any end user. Online Shop DeepClass Records may terminate any offers for free or special promotions or pricing on merchandise at any time.
9. Right to Change Prices and Content Availability.
Prices and availability of Content offered through the Website are subject to change at any time. Online Shop DeepClass Records does not provide price protection or refunds in the event of a price drop or promotional offering.
10. Sales of Downloads.
Each Download (as defined below) Product is an individual sale and subject to the terms and conditions of this Agreement. Each purchase of a Download by you will be regarded as a separate transaction and each delivery of a Download will constitute a separate sale, whether delivery is in whole or partial fulfillment of an order. For the purpose of creating Online Shop DeepClass Records charts and other marketing data, Online Shop DeepClass Records reserves the right to correct or ignore any Downloads it suspects are a result of suspicious sales behavior intended to, in Online Shop DeepClass Records’s sole discretion, falsely inflate sales data.
11. No Refunds.
All sales are final and all charges from those sales are nonrefundable. Online Shop DeepClass Records will not refund any fees for Products or services that you purchase and then fail to download, unless such failure is caused solely by the negligence or gross misconduct of Online Shop DeepClass Records.
12. No Responsibility for Typographical Errors.
Due to the rapidly expanding, broad selection of Content on the Website, it is possible that Products may be accidentally mispriced. In such an event, Online Shop DeepClass Records reserves the right not to accept end user orders with prices based upon typographical errors.
You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.
14. Order Acceptance Policy.
Your receipt of an electronic or other form of confirmation does not (1) constitute Online Shop DeepClass Records’s offer to sell or (2) convey Online Shop DeepClass Records’s acceptance of your order. Online Shop DeepClass Records reserves the right, at its discretion, and without prior notice to you, and for any reason, to decline your request for Product(s), or supply less than the quantity you ordered following receipt of your order. Additionally, Online Shop DeepClass Records reserves the right, at its discretion, to accept payment and process delivery of the Product, without accounting for the purchase for Online Shop DeepClass Records chart purposes, if it believes, for any reason, at its discretion, that such purchase was solely intended to falsely inflate sales data.
15. Charges and Billing.
Online Shop DeepClass Records currently accepts American Express, Visa, Master Card, JCB and PayPal. Online Shop DeepClass Records does not accept cash, money orders, or checks. Online Shop DeepClass Records reserves the right to change this policy at any time. You agree to pay all fees and charges associated with your purchase(s) (including any applicable taxes), at the rates in effect when the charges were incurred. You, not Online Shop DeepClass Records, are responsible for any unauthorized amounts billed to your credit card by a third party. As a cardholder, your card issuer agreement governs your use of the designated card, and as such, you must refer to that agreement to determine your rights and liabilities as a cardholder. Obligation to pay for Product orders previously accepted by Online Shop DeepClass Records will survive your termination of your Account. Due to the nature of the service, refunds are only available in exceptional circumstances at Online Shop DeepClass Records’s management’s sole discretion.
Online Shop DeepClass Records accepts the following currencies: US Dollars, Euro, British Pound and Australian Dollar. The currency displayed and accepted for each individual purchase is solely based on your territory of sale and cannot be modified by the end user. All purchases made using US Dollars shall be processed by Online Shop DeepClass Records, LLC. All purchases made using currency other than US Dollars shall be processed by Online Shop DeepClass Records Europe B.V. Any issues occurring with your purchase should be directed to the Customer Support team identified on the Website, regardless of the currency used in the purchase.
17. Limitations of Content Usage and Copyright.
Online Shop DeepClass Records may make available certain Content. Your access to and/or use of any Content will be limited by the rules assigned to the Content by Online Shop DeepClass Records (“Content Rules”) and/or copyright law and described in this Agreement or on the webpage where you acquire access to such Content. You may not attempt, nor support another’s attempt, to decrypt, reverse engineer, circumvent or otherwise alter or interfere with any software required for use of the Website or any of the Content Rules. Online Shop DeepClass Records RESERVES THE RIGHT TO ENFORCE THE PRODUCT RULES WITH OR WITHOUT NOTICE TO YOU.
A “Stream” is the digital transmission of a sound recording of a musical work, in whole or in part, to an end user over the Internet where the content may be heard or viewed, but not downloaded, for later playback. You may not attempt, or support others’ attempts, to download, copy, distribute, alter or capture a Stream.
A “Download” is a purchased Product that you can (1) transfer to a compatible portable device, (2) save to your hard drive with unlimited playback time, or (3) burn to a CD/DVD, in each case for personal private use only and not for commercial or public use or distribution. Online Shop DeepClass Records shall have no liability for lost, damaged, or destroyed Downloads. Any security technology that is provided with a Download is an inseparable part of the Download. The Download capability does not operate to limit any rights of the copyright owners in a Product or any works embodied in them.
Except as otherwise provided herein, you may not copy, reproduce, modify, rent, lease, broadcast, download, transmit, distribute or otherwise disseminate any Streams or Downloads or other Content contained on the Site except for your own personal, non-commercial use, unless otherwise provided for herein. Any unauthorized copying, distribution, use or sharing is not permitted by this Agreement or applicable provisions of the United States Copyright Code, and is in violation of U.S. and international copyright and intellectual property laws.
18. Prohibited Uses of Content.
You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with the Downloads, Streams and/or Previews. You may not play and then re-digitize any Downloads, and/or Streams. You may not create any “derivative works” by altering any of the Content, except as permitted herein. You may not use the Downloads, Streams and/or Previews in conjunction with any other third-party content (e.g., to provide sound for a film) unless you obtain such rights from the copyright holder. YOU MAY NOT UPLOAD DOWNLOADS OR STREAMS TO THE INTERNET. PEER-2-PEER FILE SHARING IS STRICTLY PROHIBITED. Any other manner of network file sharing and transfer of Downloads, Streams or Previews to devices for such purpose is expressly prohibited and is a violation of U.S. and international copyright law.
19. Stems File Format
The Limitations of Content Usage and Copyright, as provided in Section 17 of this Agreement, the Prohibited Uses of Content, as provided in Section 18, and any other terms and conditions that apply to standard digital downloads of sound recordings, are applicable to any Content downloaded in the Stems file format. For clarity, any digital download of a sound recording, including those in the Stems file format, other than those specifically purchased on the Online Shop DeepClass Records Sounds platform, are provided only for your personal, noncommercial use, or performance, unless you have cleared all necessary rights in the Content.
20. Loss of Rights by Online Shop DeepClass Records.
Online Shop DeepClass Records may at any time lose the right to make certain Content available. In such an event, you will no longer be able to access such Content from the Website.
21. Electronic Signatures and Contracts.
Your use of the Website and establishment of an Account includes the ability to enter into agreements and/or to make purchases electronically. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of this Agreement and to pay for such purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the Website, including notices of cancellation, policies, contracts, and applications.
22. Community and Brand Features / Public Areas.
The Website may contain features designed to help users, DJs, labels or brands (collectively a “user” or “users”) find and/or exploit Content of personal interest by creating landing pages, pubic profiles, generating short URLs and/or viewing Content that other users or artists have sampled, streamed, uploaded and/or downloaded. These features may include access to a user’s charts and a user’s collection of Content. Online Shop DeepClass Records HAS THE RIGHT, BUT NOT THE OBLIGATION, TO MONITOR, EDIT, OR REMOVE ANY ACTIVITY OR CONTENT, OR TO RESTRICT ACCESS TO OTHER MEMBERS TO VIEW YOUR MUSIC, CONTENT COLLECTION OR PUBLIC PROFILES. Online Shop DeepClass Records is not responsible and assumes no liability for any activity, content, messages and the like that you or any other user posts to a public area or a public profile, or send to another user.
23. Online Shop DeepClass Records Username Policy.
No two users or DJs can have the same Online Shop DeepClass Records Username or DJ name (collectively, “Online Shop DeepClass Records Username”) on the Online Shop DeepClass Records platform. Online Shop DeepClass Records Usernames are provided on a first-come basis.
Online Shop DeepClass Records will not typically intervene in Online Shop DeepClass Records Username disputes. Disputes should be resolved between the parties. However, Online Shop DeepClass Records reserves the right, in its sole discretion, to permanently remove, reassign, or ask a user or DJ to modify his/her Online Shop DeepClass Records Username in situations where:
(i) an account has been inactive for a period of time;
(ii) Online Shop DeepClass Records determines that a Online Shop DeepClass Records Username is offensive, commercial in nature, violative of, or a derivation of, a third party’s trademark or service mark, or is determined by Online Shop DeepClass Records to be otherwise misleading;
(iii) Online Shop DeepClass Records suspects that a Online Shop DeepClass Records Username is being squatted;
(iv) the registered Online Shop DeepClass Records Username is that of a more established, well-known DJ, and Online Shop DeepClass Records’s decision not to reassign the Online Shop DeepClass Records Username will lead to consumer confusion; and
(v) Online Shop DeepClass Records has determined, in its own discretion, the situation is such that removing or reassigning the Online Shop DeepClass Records Username is most appropriate under the circumstances.
Any attempts to sell, buy, or solicit other forms of payment in exchange for a Online Shop DeepClass Records Username is strictly prohibited and may result in permanent account suspension.
24. User Generated Content.
Online Shop DeepClass Records may permit users to create customized landing pages and post or upload content, including mixes, tracks, playlist compilations (also referred to as charts), performances, videos, pictures, messages, texts, logos, and other content made available by individual artists, labels, brands, and/or users for the purpose of sharing with Online Shop DeepClass Records users (“User Content”). You are solely responsible for any User Content you may provide and for any consequence thereof. By uploading User Content, you represent and warrant that (i) you own or otherwise control all applicable rights to the User Content, (ii) have the necessary rights to post, upload, transmit or display the User Content on Online Shop DeepClass Records, and (iii) that such User Content, or its use as contemplated by this Agreement, does not: (a) violate this Agreement, applicable law, or the intellectual property or publicity rights of others; (b) imply an affiliation, endorsement, approval or cooperation with you or your User Content by Online Shop DeepClass Records or any unwilling, or unknowing, third-party, without that party’s express written consent, or (c) cause injury to any person or entity. You agree to defend indemnify and hold harmless Online Shop DeepClass Records, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for all claims resulting from User Content. You agree that any loss or damage of any kind that occurs as a result of the use of any User Content you upload, post, transmit, display or otherwise make available through your use of the Website is solely your responsibility. The rights granted herein shall inure for so long as the User Content is provided by you on the Online Shop DeepClass Records Website. Except from those rights specifically granted herein, you shall retain ownership of all rights, including intellectual property rights, in the User Content that you post on Online Shop DeepClass Records. Online Shop DeepClass Records reserves the right to remove any User Content, for any reason or no reason at all, including, but not limited to, copyright violations, derogatory or offensive content, User Content that is deemed to be a third-party advertisement or promotional in nature, or User Content that violates this Agreement. Online Shop DeepClass Records reserves the right to terminate the user account and DJ profile of users who are repeat offenders of this copyright policy. Online Shop DeepClass Records does not monitor, review, edit, or endorse User Content. If you believe that User Content violates your intellectual property, please review the “Report Copyright Infringement” page for instructions on how to file a copyright claim with Online Shop DeepClass Records.
25. Restrictions. You may not use the Website (or any part of it, including but not limited to public areas) to upload, post, transmit, display, perform or otherwise make available any messages, content or materials (i) that are illegal, obscene, threatening, of a “spamming” nature, defamatory, or invasive of privacy; (ii) violate (intentionally or unintentionally) a contractual, fiduciary or confidentiality obligation or duty you have to any third party; (iii) that constitute political campaigning or commercial solicitation or that contain software viruses or other computer code designed to interfere with the functionality of any computer system; (iv) provide links to unapproved third party sites; or (v) that infringe third-party rights or harm minors in any way. You may not interfere with or disrupt the Website or any networks connected to or by the Website. In addition, you may not use a false email address or otherwise mislead other users as to your identity or the origin of a message or content.
26. Online Shop DeepClass Records’s Rights.
By posting messages, inputting data, or engaging in any other form of communication through the Website, you agree that Online Shop DeepClass Records may copy, sub-license, adapt, transmit, publicly perform or display any such Content to provide and/or promote the Website and/or to respond to any legal requirement, claim or threat. If Online Shop DeepClass Records’s use of such Content exploits any proprietary rights you may have in such material, you agree that Online Shop DeepClass Records has an unrestricted, royalty-free, non-exclusive and perpetual worldwide right to do so.
All copyrights in and to the Website (including the organization of content and charts,) and software, are owned by Online Shop DeepClass Records and/or its licensors. The use of the Website, or any Content on the Website, except for use as expressly permitted in this Agreement, is prohibited and subject to civil and criminal penalties, including possible monetary damages, for copyright infringement. All rights not expressly granted to you in this Agreement are reserved to Online Shop DeepClass Records and/or is licensors.
All trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the Website are the property of Online Shop DeepClass Records and/or its affiliates or licensors. You may not copy, display or use any of these marks without prior written permission of the mark owner.
30. Violation of Intellectual Property Rights.
This service respects the rights of copyright owners. All rights of the authors of the works protected, reproduced and communicated on this site are reserved. Unless authorized, any use of the Contentother than for the purposes stated for herein are prohibited.
If Online Shop DeepClass Records receives a notice alleging that you have engaged in behavior that infringes Online Shop DeepClass Records’s or an other’s intellectual property rights or reasonably suspects the same, Online Shop DeepClass Records may suspend or terminate your Account without notice to you, and shall have no liabilities to you, past or present, for suspension or termination under this paragraph.
If you believe that any information or material on the Website constitutes copyright infringement, instructions on how to file an infringement claim with Online Shop DeepClass Records can be found here:
31. Enforcement of These Terms.
You agree that Online Shop DeepClass Records has the right, without liability or notice to you, to disclose any Registration Data/Account information to law enforcement authorities, government official, and/or third party, as Online Shop DeepClass Records believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Online Shop DeepClass Records’s right to cooperate with any legal process relating to your use of the Website and/or Content, and/or a third party claim that your use of the Website and /or Content is unlawful and/or infringes such third party’s rights).
32. No Responsibility for Third-Party Materials or Web Sites.
The Website may include Products, Content, and services from third parties available via the Website. Online Shop DeepClass Records may include links to third party websites, which are provided solely as a convenience to you. Online Shop DeepClass Records assumes no liability or responsibility for third-party materials or websites, and you acknowledge and agree that Online Shop DeepClass Records is not responsible for evaluating or examining the content or accuracy of such.
33. Indemnity and Waiver.
By using the Website you agree to defend, indemnify and hold harmless Online Shop DeepClass Records and its agents, employees, directors, contractors, representatives, licensors, technology providers, affiliates, partners, parents and subsidiaries from and against any and all claims, losses, demand, causes of action and judgments (including attorney’ fees and court costs) arising from or concerning your breach of this Agreement and your use of the Website or the Content and to reimburse them on demand for any losses, costs or expenses they incur as a result thereof. You shall not sue or seek to recover any damages or other payment from Online Shop DeepClass Records and its agents, representatives, employees, Licensors, affiliates, content and technology providers, and any parent or subsidiary company as a result of its decision to terminate or suspend the Agreement and service hereunder.
If you fail, or Online Shop DeepClass Records suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to: failure to make payment of fees due, failure to provide Online Shop DeepClass Records with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, using your Account for activities Online Shop DeepClass Records believes violate the intentions or integrity of its platform including violation of a third party’s intellectual property rights, squatting usernames or profile accounts, using vulgar or offensive language or images in any profiles or uploaded Content, or any other violation of this Agreement or any license to the software, Online Shop DeepClass Records, at its sole discretion, without notice to you, may: (i) terminate your Account, and/or (ii) preclude your access to the Website (or any part thereof), and seek any other lawful remedy available. In such case, you will remain liable for all amounts due under your Account up to and including the date of termination.
35. Governing Law.
The laws of the State of Colorado, of the United States of America, excluding its conflicts of law rules, govern this Agreement and your use of the Website. Your use of the Website may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Online Shop DeepClass Records or relating in any way to your use of the Website resides in the courts of the State of Colorado, U.S.A.
36. Export Controls.
The Content offered by Online Shop DeepClass Records may be subject to U.S. export and control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State.
You warrant that you are (1) not located in Congo, Cote d’Ivorie, Cuba, Iran, Libya, Myanmar, North Korea, Sudan, Somalia, or Syria, and (2) are not a denied party as specified in the regulations listed above. You agree to comply with all applicable export and re-export control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, re-export, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Online Shop DeepClass Records under these Agreements to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. This export control clause shall survive termination or cancellation of these Agreements.
37. Disclaimers and Limitations of Liability.
(a) You agree that from time to time Online Shop DeepClass Records may remove the Website, or portions of the Website, for indefinite periods of time, or cancel the Website, or portions of the Website, at any time, with or without notice to you.
(b) Online Shop DeepClass Records makes no warranty that any particular CD burner, browser, software, hardware, or portable device will be compatible with the Website or any Content offered on the Website.
(c) Under no circumstance shall Online Shop DeepClass Records be liable for any unauthorized use of the Website or its Content.
(d) To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, Online Shop DeepClass Records shall be entitled to the maximum disclaimers and/or limitation on damages and legality available at law or in equity by such applicable law in such particular circumstance, and in no event shall such damages or liability exceed US $10.
(e) All Content on this Website is provided to you on an “as is” “as available” basis without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Online Shop DeepClass Records makes no warranty as to the accuracy, completeness, currency, or reliability of any Content available through the website. You are responsible for verifying any information before relying on it. Use of the Website and the Content available on the Website is at your sole risk. Online Shop DeepClass Records makes no representations or warranties that use of the website will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any Content you may obtain from the Website is free of viruses.
(f) Online Shop DeepClass Records specifically disclaims any liability, whether based in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the Website, even if Online Shop DeepClass Records has been advised of the possibility of such damages, including but not limited to reliance by any party on any Content obtained through the use of the Website, or that arises in connection with mistakes or omissions in, or delays in transmission of, information or content to or from the user, interruptions in telecommunications connections to the Website or viruses, whether caused in whole or in part by negligence, acts of God, telecommunications failure, theft or destruction of, or unauthorized access to the website, or related information or programs.
B. Online Shop DeepClass Records Sounds Terms and Conditions
Please read these Online Shop DeepClass Records Sounds Terms and Conditions (“Sounds Terms”) carefully before purchasing any Products in the Online Shop DeepClass Records Sounds catalogue. By using Online Shop DeepClass Records Sounds or purchasing or downloading any Sounds Product, you are agreeing to be bound by these Sounds Terms.
If you do not wish to be bound by these Sounds Terms, do not use Online Shop DeepClass Records Sounds or download or purchase any Sounds Product.
1. Sounds Terms and Conditions
These Sounds Terms are applicable for all purchases made on the Online Shop DeepClass Records Sounds section of the Website (“Online Shop DeepClass Records Sounds”). These Sounds Terms are not applicable to purchases made on any other portion of the Website.
All of the general terms and conditions set forth above are incorporated herein. If there is any conflict between those general terms and conditions and these Sounds Terms, these Sounds Terms shall apply (for Online Shop DeepClass Records Sounds purchases only)
2. Sounds Product License.
This is a non-exclusive, non-transferrable, terminable license agreement between you and Online Shop DeepClass Records. Upon your purchase or download of any Sounds Product and subject to your compliance with these Sounds Terms and the general terms and conditions, you are granted a royalty free, non-exclusive license in the purchased loops, samples, sound effects, and/or patches, or any variations thereof, both singularly and as collections (collectively “Sounds Product”) for commercial and non-commercial use exclusively in a derivative work created by you. Your receipt of such purchase shall act as your license in the Sounds Product and should be saved by you as evidence of such.
You are not the Copyright Holder. Your use of the Sounds Product is permitted without first obtaining a separate license from the Copyright Holder provided that you modify the samples within a musical or visual context and do not present them isolated. Likewise, any Sounds Product which is a rhythm loop sample must also be combined with other types of samples or sounds to effectively form a new composition or derivative work, in a manner that is clear and distinct from the isolated rhythm loop itself.
This non-exclusive license is granted for a single user only, on a global basis, for the full copyright protection period (unless earlier terminated) and is not transferrable. Only the original purchaser of the Sounds Product has the right to embody and utilize the Sounds Product within their derivative work.
This license expressly forbids the copying, lending, duplicating, sublicensing, trading, resale, rental, loan, gift or transfer of any part of the Sounds Product or a copy thereof, in any format or via any medium, to another person or company, except as a derivative work created by you.
You may not electronically transfer the Sounds Product or place the Sounds Product in a file-sharing or service bureau operation or a computer/sampler network.The purchased Sounds Product may not be included, whether modified or as part of a derivative work, in any musical library or sample library product. Any unlicensed usage will be prosecuted to the maximum extent possible by law.
Online Shop DeepClass Records may terminate your rights in a purchased Sounds Product upon written notice to you if it believes you have breached any of the Sounds Terms. Upon such termination you must return, destroy, remove, and cease all use of the identified purchased Sounds Product. No refunds shall be granted for such terminations.
You agree to defend, indemnify and hold Online Shop DeepClass Records harmless from and against any claims, damages, liabilities, costs and expenses, including reasonable attorney’s fees, arising out of your breach of these Online Shop DeepClass Records Sounds Terms and Conditions and/or misuse, deliberate or otherwise, of the Sounds Product, and/or violation of the rights purchased pursuant to this Agreement.
These Sounds Terms express the entire understanding between you and Online Shop DeepClass Records in relation to the Sounds Product and shall supersede all other oral or written communications relating to the Sounds Product or its use.
The Mixes program may be amended, suspended or discontinued at any time in Online Shop DeepClass Records’s sole discretion. You may not assign, delegate or otherwise transfer any or all of your rights or responsibilities hereunder, including but not limited to your right to receive royalties. Some restrictions may apply, based on your territory of sale. Void where prohibited. Online Shop DeepClass Records is not responsible for lost, damaged, misdirected, corrupted or misappropriated files, nor for Internet delay or failure, outages or overload of the Online Shop DeepClass Records or other websites, faulty file uploads, or other occurrences beyond its reasonable control.
9. Removal of Mixes
Online Shop DeepClass Records reserves the right to remove your Mix for any reason or no reason at all.
If you are requesting access to the Online Shop DeepClass Records API on behalf of yourself, “you” and “your” shall refer to you as a contracting individual.
The Online Shop DeepClass Records API is a service that allows pre-approved licensees to retrieve select content available at the Website for inclusion on your Online Shop DeepClass Records approved domain.
B. Your Use of the Online Shop DeepClass Records API
(ii) Prohibited Actions.
You, as the user of the Online Shop DeepClass Records API, must not attempt to:
(a) encourage or facilitate the violation of any aspect of Online Shop DeepClass Records’s Website Terms and Conditions ;
(b) use, display, mirror or frame (including in meta-tags or hidden text) the Website or any individual element of the Website without Online Shop DeepClass Records’s express written consent;
(c) use the API in conjunction with a subscription service or the distribution of any content, for free or for sale, whether or not you have the appropriate license and rights to distribute such materials, without express written permission by Online Shop DeepClass Records (except that your use of the API may provide a link to the Website where the user may purchase or download the associated content); or,
(d) mislead, misguide, or confuse users.
(iii) Use of Online Shop DeepClass Records Logos and Trademarks.
Online Shop DeepClass Records grants you a non-exclusive license to use the Online Shop DeepClass Records trade name, logo, and trademark solely to identify the source of the Online Shop DeepClass Records API content or as direct links to the Online Shop DeepClass Records Website. This right does not extend to any other brand element featured prominently on the Website or associated with the Online Shop DeepClass Records brand. All permitted use of the Online Shop DeepClass Records trade names, logos, trademarks, and other distinctive brand features must be presented as provided through the Online Shop DeepClass Records API or as defined in the Online Shop DeepClass Records Style Guide.
(iv) Link to Purchase Pages.
The Online Shop DeepClass Records API may only be used with those platforms from which a functional link is made available that, when accessed, takes the user to the page on Online Shop DeepClass Records’s Website where the user can access the associated content.
2. Platform Usage.
A. Online Shop DeepClass Records may sometimes review the API platform (including how our services are being accessed and used), but you acknowledge we have no obligation to do so. Online Shop DeepClass Records is not responsible for files, content, or any other information accessible through the API platform.
B. We may limit the number of calls accepted by the API if we believe the number of calls to the Online Shop DeepClass Records API may negatively impact the Online Shop DeepClass Records API or Website performance.
C. Our API platform is a work in progress. Please keep that in mind. It may continue to change over time as Online Shop DeepClass Records refines and adds more features with the needs of our audience and any feedback received.
3. End User Data.
4. Other Platforms and Users.
Online Shop DeepClass Records has no obligation to provide support to your users. Unless you have written permission to do so from Online Shop DeepClass Records, you must not state or imply any endorsement by Online Shop DeepClass Records of your site or the content of your site. Providing links to the Online Shop DeepClass Records store to enable purchasing of products shall not be considered an endorsement.
5. Copyright and License
Online Shop DeepClass Records grants you a limited, non-sublicensable right to access the API and use the Online Shop DeepClass Records data for non-commercial and informational use. Any commercial use must be pre-approved in writing by Online Shop DeepClass Records and any options to purchase content provided by the API must link back to Online Shop DeepClass Records’s website, unless otherwise permitted by Online Shop DeepClass Records.
6. Proprietary Rights and License.
Your use of the Online Shop DeepClass Records API is subject to the following restrictions:
A. All calls to the Online Shop DeepClass Records API must reference the API Key issued to you as an approved licensee. You will not share the API Key and any other authentication details with any third party.
B. You will provide the Online Shop DeepClass Records content to your users on “As Is” terms.
C. You may not use the Online Shop DeepClass Records content in a product, service, or for commercial use without Online Shop DeepClass Records’s express permission.
D. You further agree not to otherwise reproduce, modify, distribute, or reverse engineer any portion of the Online Shop DeepClass Records API or any content or data provided through the Online Shop DeepClass Records API.
E. You agree not to use the Online Shop DeepClass Records API, Content, Products, or the Online Shop DeepClass Records trade names, logos, and trademarks in any way that harms Online Shop DeepClass Records, its service providers, its suppliers, its artists, its labels, Online Shop DeepClass Records or your end users, or any other person.
F. You may not use the Online Shop DeepClass Records API in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights.
8. Representations and Warranties.
The Online Shop DeepClass Records API is provided “As Is”, use at your own risk, without express or implied warranty or condition of any kind. Online Shop DeepClass Records also disclaims any warranties of merchantability, fitness for a particular purpose or non-infringement.