REBYMEL MUSIC
WEBSITE TERMS AND CONDITIONS
The following terms and conditions (the “Terms and Conditions”) govern your use of Rebymel.com
This website (the “Site”) is operated by Rebymel Music.
We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Site.
BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE.
If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site.
We do not represent that the Site is governed by or operated in accordance with the laws of other nations, or that the Site or any portion of the Site is appropriate or available for use in any particular location. If you choose to access the Site, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations.
OWNERSHIP
Site Content includes, without limitation, all features, functions, services, layout, design, code, data, graphics, logos, button icons, animation, photographs, images, text, music, audio clips, video clips, links, digital downloads, data compilations, and software is owned, controlled by, or licensed to Rebymel Music and is protected by copyright, trademark, and other intellectual property rights.
Material on the Site is made available solely for your personal, non-commercial use and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of Rebymel Music in each instance.
The Site may contain some features that enable you to obtain rights to use certain of the content on the Site, such as lyrics, music, photographs, and the like.
In such situations, your rights to use such content are limited to the rights expressly granted by Rebymel Music in such situations.
You may not otherwise copy, reproduce, distribute or otherwise exploit any content, code, data or materials on the Site.
If you make other use of the Site, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of your nation and may be subject to liability for such unauthorized use.
TRADEMARKS
The trademarks and service-marks REBYMEL MUSIC®, REBYMEL (Stylized/Signature logo)® and STEVE RECORDS® are the exclusive property of Rebymel Music.
The trademarks, logos, service marks and trade names (the "Trademarks") displayed on the Site are registered and unregistered Trademarks of Rebymel Music and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders.
All Trademarks not owned by Rebymel Music that appear on the Site, if any, are the property of their respective owners.
You may not use, copy, reproduce, modify, distribute, transmit, display, perform, publish our trademarks, logos and service marks in any way without a prior written permission.
USER CONTENT
We may allow you to post, upload, transmit or submit certain materials, content, information, ideas, reviews, messages, creative works, audio and video recordings, photographs, demos, suggestions, concepts, designs, plans or other materials (“User Content”) to the Site.
Do not post, upload, transmit or submit to the Site any content that you did not create or that you do not have express written permission to post.
By submitting User Content, you certify that you are at least 18 years old, or you are at least 13 years old and have obtained your parent’s or legal guardian’s express consent to submit it. You own all rights to this content.
By posting messages, uploading files, inputting data, or engaging in any other form of communication through this Site, you are granting Rebymel Music a royalty-free, perpetual, non-exclusive, unrestricted, fully transferable, sublicensable, worldwide license to use, reproduce, modify, create derivative works of, distribute, publicly perform, display, archive and commercialize your User Content, in our sole discretion, in all formats and in all media channels now known or later developed, without any compensation or acknowledgment to you or anyone else.
This license will not affect your ownership in your User Content, including the right to grant additional licenses to your User Content, except if it conflicts with these Terms.
We are not obligated to post, display or otherwise use any User Content, or to attribute your User Content to you. You will not make or authorize any claim against us that our use of your User Content infringes any of your rights.
You will be responsible for your User Content and the consequences of posting it. By submitting User Content, you represent to us that (i) you own, or have the necessary permission to submit the User Content and to grant the licenses to us under this section, and (ii) you have the written permission of every identifiable person in the User Content to use that person’s name and likeness in the manner contemplated by the Site and these Terms or, if the person is a minor, the written permission of the minor’s parent or legal guardian.
We cannot be responsible for maintaining User Content, and we may remove User Content from the Site at any time, for any or no reason, and without notice to you.
We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to the Site, or through the Site’s services or features, by its users, and we are not responsible for any such materials.
However, we further reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms or applicable law. We may also impose limits on certain features on the Sites or restrict your access to part or all of the features or services on the Sites without notice or penalty if we believe that you are in breach of these Terms or applicable law, or for any other reason, all without notice or liability.
USER CONDUCT
You warrant and agree that, while using the Site, you shall not upload, post or transmit to the Site, or distribute or otherwise publish through the Site, any materials that:
(a) are protected by third party copyright, or other proprietary or intellectual property right;
(b) are unlawful, threatening, hateful, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy or publicity rights, harassing, profane, obscene, vulgar or that contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals);
(c) solicit personal information from minors;
(d) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability;
(e) solicit, request or collect personal information for commercial or unlawful purposes;
(f) restrict or inhibit any other user from using and enjoying the Site (for examples, by means of hacking or defacement);
(g) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.
You also warrant and agree that you shall not:
(a) impersonate any person or entity or misrepresent your affiliation with any other person or entity;
(b) use an inappropriate username or screen name;
(c) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material);
(d) insert your own or a third party’s advertising, branding or other promotional content into any Site content;
(e) obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Site through any means, including through means not intentionally made publicly available or provided through the Sites;
(f) engage in any automatic or unauthorized means of accessing, logging-in or registering on the Sites, in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information, or sending mass unsolicited messages or “flooding” servers;
(g) use the Site or any of its features and services in any manner that could interrupt, damage, disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Site;
(h) use the Sites or any of their services in violation of any applicable law.
ACCOUNT REGISTRATION
You may browse the Site without registering for an account. Some of the services may only be available if you create an account. You will be required to register for an account to use certain features of the Site, such as subscribing to newsletters.
You must complete the registration process by providing us with complete and accurate information. We may reject or require that you change any username, password or other information that you provide to us in registering.
Your account username and password are personal to you. You are solely responsible for maintaining the confidentiality and use of your username and password. You are also solely responsible for any and all activities that occur under your account.
You may not transfer or sell access to your account.
Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
We will not be responsible or liable for any loss or damage related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user’s account without that user’s permission.
You must notify us immediately of any suspected or actual unauthorized use of your password or account and of any and all other security breaches.
We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else’s rights.
You will have no ownership in your account or your username.
We reserve the right to refuse registration, terminate or deny access to your account or to refuse services to you, without prior notice to you, at any time and for any or no reason.
Without limiting the above, if you are a repeat copyright infringer, we will, in appropriate circumstances, permanently terminate your account and remove your content from the Site.
You have the right to cancel your account at any time.
LINKS
The Site contains links to other websites that may not be owned or operated by us. We have no control over those websites. The fact that we may link to those websites does not indicate any approval or endorsement of those websites.
We do not examine or evaluate these websites and we are not responsible for the content of those websites, or the operation of those websites.
By providing links to these websites, we do not approve, warrant or endorse, or otherwise make any representation about, them or their owners or operators, and do not assume any related responsibility or liability.
Your use of other websites is at your own risk and is subject to the terms of those websites.
You should exercise your own judgment in evaluating and using these websites.
WEBSITE ACCESS
Although this Site is accessible worldwide, we do not represent that materials, products or services on this Site are appropriate or available in all geographic locations.
We may limit the availability of the Site or any service or product described on the Site to any person or geographic area at any time.
Your access and use of the Site may not be legal in your jurisdiction. If you choose to access, browse or use the Site, you do so on your own initiative and at your own risk, and you are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable.
We reserve the right to limit, in our sole discretion, the provision of any feature or function of the Sites to any person and geographic area. Any offer for any feature or function made on the Sites is void where prohibited.
PROMOTIONS
In addition to these Terms, contests, sweepstakes, surveys, games or other promotions (collectively, “Promotions”) made available through the Site may have specific rules that are different from these Terms. By participating in a Promotion, you will become subject to those rules.
We advise you to review the rules before you participate in a Promotion. Promotion rules will control over any conflict with these Terms.
PURCHASES
If you wish to purchase products or services described on the Site, you may be asked to supply certain information including credit card or other payment information. By initiating a transaction you warrant and represent that you are eighteen (18) years old or older and have the legal right to use the payment means you select. You agree that all information that you provide will be accurate, complete and current. You agree to pay all charges, including shipping and handling charges, incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. We will be entitled to change the pricing and availability of any particular product(s) or service(s) without prior notice at any time. We do not offer refunds in the event of temporary or permanent price drops following purchase at higher prices. All sales of digital content are final.
DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS" AND "AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES WITH RESPECT TO ANY UPTIME OR UNINTERRUPTED ACCESS, THE AVAILABILITY, ACCURACY OR USEFULNESS OF SITE CONTENT, OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE SITES OR SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS, OR DEFECTS. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, BROWSING, OR USE OF THE SITES OR YOUR DOWNLOADING OF ANY CONTENT ON THE SITES.
IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE USING THE SITE. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATION OF LIABILITY
IN NO EVENT SHALL REBYMEL MUSIC OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUPPLIERS, AGENTS OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR INABILITY TO USE THE SITE, OR FOR ANY SITE CONTENT, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED OR ACCESSED THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT WE SHALL BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT OUR AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO REBYMEL MUSIC FOR YOUR USE OF THE SITE.
INDEMNIFICATION
If anyone brings a claim against us related to your use of the Site, your User Content or your violation of these Terms, you agree to indemnify, defend and hold us and our affiliated companies, event providers, suppliers, licensors, advertisers and sponsors, officers, directors, employees, and agents, harmless from and against any and all claims, damages, losses and expenses of any kind, including reasonable legal fees and costs. We reserve the right to take exclusive control and defense.
COPYRIGHT INFRINGEMENT
If you believe in good faith that any content on the Site infringes your copyright, you may send us a notice requesting that the content be removed. There can be penalties for false claims. To notify us of your claim of copyright infringement with respect to any site content, please send a written communication to: rebymelwebsite@gmail.com.
GOVERNING LAW
The Terms and Conditions, your use of the Site, all matters relating to your access to, and/or use of, the Site, including all disputes between you and us, will be governed by the laws of your nation. You agree to submit to the personal and exclusive jurisdiction of the courts located in your nation.