Terms & Conditions of Use
RUMBLEROOMRECORDS.COM Terms & Conditions of Use Last updated 9/22/15
Welcome to RUMBLEROOMRECORDS.COM! This is an agreement between you and RUMBLEROOMRECORDS.COM (with its affiliates, "RUMBLEROOMRECORDS, LLC", "RUMBLEROOMRECORDS", "we" or "us") regarding the Store and Music Services provided (collectively, the "Services"). The Services allow you to purchase and access digital versions of audio recordings, artwork and information relating to the audio recordings, and other content (collectively, "Music Content"), as described below. Before using the Services, please read these Terms & Conditions of Use, all rules and policies related to the Services (including any specific rules, usage restrictions and other conditions or procedures that we post or update on or through the Services or on RUMBLEROOMRECORDS.COM), and the RUMBLEROOMRECORDS.COM Privacy Policy, (collectively, the "Agreement"). If you use any of the Services, you represent that you have read and understand the terms and conditions and that you agree to be bound by these terms and conditions as set forth below. If you do not agree with RUMBLEROOMRECORDS.COM's terms and conditions and do not wish to be bound by them, please do not use any of the Services.
Terms of Use THE SERVICES.
The Store. The website Store (the "Store") allows you to purchase Music Content ("Purchased Music") in the form of mp3 and or audio discs (when available). All sales are final and risk of loss transfers upon sale. We do not accept returns of Purchased Music.
Use of the Services. To use the Services, you must have a RUMBLEROOMRECORDS.COM account, and you may be required to be logged in to the account and have a valid payment method associated with it. You may not share your RUMBLEROOMRECORDS.COM username and password with others or use anyone else's RUMBLEROOMRECORDS.COM username and password. The Services are available to residents of the United States.
RIGHTS AND RESTRICTIONS.
Rights Granted. You may use the Services only for your personal, non-commercial purposes, subject to the Agreement. You may not use the Services to store, transfer or distribute content of or on behalf of third parties, to operate your own content application or service, to resell any part of the Services or for any form of unlawful file sharing. We grant you a non-exclusive, non-transferable right to use Purchased Music and any additional Music Content which we provide access to you through the Service only for your personal, non-commercial purposes, subject to the Agreement. Except as set forth in the preceding sentence, you may not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer or use Purchased Music. We do not grant you any synchronization, public performance, public display, promotional use, commercial sale, resale, reproduction or distribution rights for Music Content you purchase or access through the Services. You must comply with all applicable copyright laws, trademark laws, and all other laws (national, international, or foreign) and with the terms of any licenses or agreements to which you are bound in your use of the Services and Music Content you purchase or access through them.
Limitation of Liability.
RUMBLE ROOM RECORDS, LLC and RUMBLEROOMRECORDS.COM have no liability for Music Content you find to be offensive, indecent or objectionable.
Conditions of Use RUMBLEROOMRECORDS, LLC (hereinafter referred to as RUMBLEROOMRECORDS) provide website features and other products and services to you when you visit or shop at RUMBLEROOMRECORDS.COM (collectively, "RUMBLEROOMRECORDS Services"). RUMBLEROOMRECORDS provides the RUMBLEROOMRECORDS Services subject to the following conditions.
By using RUMBLEROOMRECORDS Services, you agree to these conditions. Please read them carefully. PRIVACY Please review our Privacy Policy, which also governs your use of RUMBLEROOMRECORDS Services, to understand our practices. Policy is available for viewing at
HYPERLINK "
http://www.rumbleroomrecords.com/privacy/"
ELECTRONIC COMMUNICATIONS When you use any RUMBLEROOMRECORDS Service, or send e-mails and other communications from a computer device or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, telephone (if necessary), by responding to posted blog(s)/music ratings, or on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT All content included in or made available through any RUMBLEROOMRECORDS Service (such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software etc.) is the property of RUMBLEROOMRECORDS or its content suppliers and protected by United States laws and international copyright laws. The compilation of all content included in or made available through any RUMBLEROOMRECORDS Service is the exclusive property of RUMBLEROOMRECORDS and protected by United States laws and international copyright laws.
TRADEMARKS Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any RUMBLEROOMRECORDS Service are trademarks or trade dress of RUMBLEROOMRECORDS in the United States. RUMBLEROOMRECORDS trademarks and trade dress may not be used in connection, directly or indirectly, with any product or service that is not RUMBLEROOMRECORDS, in any manner that may possibly cause confusion among customers, or in any manner that disparages or discredits RUMBLEROOMRECORDS. All other trademarks not owned by RUMBLEROOMRECORDS that appear in any RUMBLEROOMRECORDS Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by RUMBLEROOMRECORDS.
LICENSE AND ACCESS Subject to your compliance with these Conditions of Use and your payment, RUMBLEROOMRECORDS or its content providers grant you a limited, non-transferable, non-sublicensable 'license' to access and make personal and non-commercial use of the RUMBLEROOMRECORDS Services (eg. downloading mp3 music files within a sixty minute time frame). This 'license' does not include any resale or commercial use of any RUMBLEROOMRECORDS Service, or its contents; any derivative use of any RUMBLEROOMRECORDS Service or its contents; or any use of account information for the benefit of any third party. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by RUMBLEROOMRECORDS or other content providers. No RUMBLEROOMRECORDS Service, nor any part of any RUMBLEROOMRECORDS Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose, directly or indirectly, without express written consent of RUMBLEROOMRECORDS. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of RUMBLEROOMRECORDS without express written consent of RUMBLEROOMRECORDS. You may not use any meta tags or any other "hidden text" utilizing RUMBLEROOMRECORDS's name or trademarks without the express written consent of RUMBLEROOMRECORDS. You may not misuse the RUMBLEROOMRECORDS Services. You may use the RUMBLEROOMRECORDS Services only as permitted by law.
YOUR ACCOUNT If you use any RUMBLEROOMRECORDS Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device, and you agree to accept responsibility for all activities that occur under your account or password. RUMBLEROOMRECORDS does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18 years of age, you may use the RUMBLEROOMRECORDS Services only with involvement of a parent or guardian. RUMBLEROOMRECORDS reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT Visitors may post reviews and or comments so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. Posted material may be reviewed prior to approval. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. RUMBLEROOMRECORDS reserves the right (but not the obligation) to remove or edit such content.
If you do post content or submit material, and unless we indicate otherwise, you grant RUMBLEROOMRECORDS a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant RUMBLEROOMRECORDS the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will hold harmless and indemnify RUMBLEROOMRECORDS for all claims resulting from content you supply. RUMBLEROOMRECORDS has the right but not the obligation to monitor and edit or remove any activity or content. RUMBLEROOMRECORDS takes no responsibility and assumes no liability for any content posted by you or any third party.
COPYRIGHT COMPLAINTS RUMBLEROOMRECORDS respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright or trademark infringement, please contact us via the website.
RISK OF LOSS All items purchased from RUMBLEROOMRECORDS are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRICING Except where noted otherwise, the List Price or Suggested Price displayed for products on any RUMBLEROOMRECORDS Service represents the full retail price listed on the product itself (excluding shipping and handling if applicable), or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. With respect to items sold by RUMBLEROOMRECORDS, we cannot confirm the price of an item until you order. If the correct price of an item sold by RUMBLEROOMRECORDS is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping (if applicable) or cancel your order and notify you of such cancellation.
Your credit card is charged prior to download link being made available for downloading of digital content. Shipping and handling charges depend on location/state where item is being shipped within the continental United States, and may exceed pricing listed on website.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THE RUMBLEROOMRECORDS SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE RUMBLEROOMRECORDS SERVICES ARE PROVIDED BY RUMBLEROOMRECORDS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. RUMBLEROOMRECORDS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE RUMBLEROOMRECORDS SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE RUMBLEROOMRECORDS SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE RUMBLEROOMRECORDS SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RUMBLEROOMRECORDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. RUMBLEROOMRECORDS DOES NOT WARRANT THAT THE RUMBLEROOMRECORDS SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE RUMBLEROOMRECORDS SERVICES, RUMBLEROOMRECORDS'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM RUMBLEROOMRECORDS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RUMBLEROOMRECORDS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY RUMBLEROOMRECORDS SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY RUMBLEROOMRECORDS SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
SITE POLICIES, MODIFICATION, AND SEVERABILITY Please review our other policies posted on this site. These policies also govern your use of RUMBLEROOMRECORDS Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
OUR ADDRESS RUMBLEROOMRECORDS, LLC.
P.O. BOX 12664
Tallahassee, FL 32317
http://www.rumbleroomrecords.com
How to Serve a Subpoena If you have a subpoena to serve on RUMBLEROOMRECORDS, please note that RUMBLEROOMRECORDS does not accept service via e-mail or fax and will not respond to the subpoena served in this way. All subpoenas must be properly served in accordance with Florida law.
Governing Law; Venue
By using RUMBLEROOMRECORDS's website, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of Florida, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of RUMBLEROOMRECORDS's website or information, materials, and documents provided by RUMBLEROOMRECORDS shall be instituted in a state or federal court in Florida, and in the County of Leon. You and RUMBLEROOMRECORDS agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. These Conditions and Terms expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site.
Export Restrictions You may not access, download, use or export RUMBLEROOMRECORDS's website or the information, materials, and documents provided by RUMBLEROOMRECORDS in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the information, materials, and documents, as well as RUMBLEROOMRECORDS's logo, graphics, sounds, and images are subject to the United States Export Administration Laws and Regulations and agree that none of the information, materials, and documents, as well as RUMBLEROOMRECORD's logo, graphics, sounds, and images or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.
Indemnification You agree to defend, indemnify and hold harmless RUMBLEROOMRECORDS, our officers, directors, shareholders, employees representatives and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of RUMBLEROOMRECORDS'S website and the information, materials, and documents provided by RUMBLEROOMRECORDS.
Wrongful Conduct When accessing RUMBLEROOMRECORDS's website or using the information, materials, or documents provided by RUMBLEROOMRECORDS, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (i) is libelous, defamatory, obscene, pornographic, abusive or threatening; (ii) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (iii) advertises or otherwise solicits funds or is a solicitation for goods or services.
Notice and Procedure for Making Claims of Copyright Infringement If you believe that your work has been copied in a way that constitutes copyright infringement, please (accurately) submit your complaint in writing to our listed address. Please include the following:
A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
