NEWSSHOWSARTISTSYOUR ACCOUNTYOUR ORDERCONTACTPRESS ROOM
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Capsule Records Inc. reserves the right, at its sole discretion, to change, add or remove portions of this Terms of Use, at any time. It is your responsibility to check this Terms of Use each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you will be subject to the terms and conditions of this Terms of Use, which shall apply until we post a modified Terms of Use and then in accordance with such modified Terms of Use. As long as you comply with this Terms of Use and any such modifications, Capsule Records Inc. grants you ("End User") a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use the Site. Last modified: December 15th, 2006 |
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Content; Copyright and Trademark Notice
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All media (downloaded or samples), software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on the Site (collectively, "Content"), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site is owned or licensed by or to Capsule Records Inc., and is protected by copyright laws and various other intellectual property rights laws. Except as expressly provided in this Terms of Use, no part of the Site and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Capsule Records Inc.'s prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity or trademarks with respect to any of the Content, and Capsule Records Inc. reserves all rights not expressly granted hereunder. Capsule Records Inc. expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site. |
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Registration; Customer Accounts; Use of Site
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Certain services offered on or through the Site require you to first sign up an account. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify Capsule Records Inc. immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Capsule Records Inc. or any other user of the Site due to someone else using your password or customer account. You may not use anyone else's password or customer account at any time. You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your account information by signing in and clicking on the "Your Profile" link. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site. You also agree that Capsule Records Inc. may, in its sole discretion and without prior notice to you, terminate your access to the Site and your account for any reason, including without limitation:
While Capsule Records Inc. takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. In no event shall Capsule Records Inc. be liable for any damages (whether consequential, direct, incidental, indirect, punitive, special or otherwise) arising out of, or in any way connected with, a third party's unauthorized access to your personal information, regardless of whether such damages are based on contract, statute, strict liability, tort or other theories of liability, and also regardless of whether Capsule Records Inc. was given actual or constructive notice that damages were possible. |
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Consent To Collection, Use & Disclosure of Your Personal Information
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As more fully described in our Privacy Policy, you must disclose certain Personally Identifiable Information to use our Site, register, and make purchases. As a condition of registering with our Site or making any purchases of any products, you represent that you have first read our Privacy Policy and consent to the collection, use and disclosure of your Personally Identifiable Information and Non-Personally Identifiable Information as described in our Privacy Policy. Our Privacy Policy's terms and conditions will change from time to time, and as a condition of browsing the Site, using any features or making any purchase, you agree that you will first review our Privacy Policy prior to making any initial or subsequent purchases. |
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Consent To Our Communication With You By E-Mail
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By establishing an account with us, and each time you make a purchase through our Site, you grant permission for Capsule Records Inc. to contact you at your e-mail address. No other e-mails will be sent to you unless explicitly allowed by you. You may change your email settings by signing in and clicking on the "Your Profile" link. |
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Conditions of Sale and Payment Terms
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To purchase any products on our Site, you must be at least eighteen (18) years of age or the age of majority in the jurisdiction in which you reside and be a natural person (no corporations, partnerships or other legal entities). Prior to the purchase of any products on our Site, you must provide us with a valid credit card number and associated payment information including all of the following:
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Methods of Payment, Credit Card Terms and Taxes
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All payments must be made by credit card. Unless expressly set forth on the Capsule Records Inc. Site, we do not accept any other payment form. If we offer or accept any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such additional form of payment. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Terms of Use to determine your rights and liabilities as a cardholder. You, and not Capsule Records Inc., are responsible for paying any unauthorized amounts billed to your credit card by a third party. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Capsule Records Inc. of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If Capsule Records Inc. does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Capsule Records Inc. or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. Capsule Records Inc. shall automatically charge and withhold the applicable tax for orders to be delivered to addresses in any states, provinces or territories that it deems is required. |
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No Responsibility To Sell Mispriced Products
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Capsule Records Inc. shall have the right to refuse or cancel any orders placed for products listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Capsule Records Inc. shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Capsule Records Inc. shall immediately issue a credit to your credit card account in the amount of the charge. |
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Modifications to Prices or Billing Terms
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Capsule Records Inc. reserves the right, at any time, to change its prices and billing methods for products sold, effective immediately upon posting on the Site or by e-mail delivery to you. |
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Service and Support for Sales
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All requests for technical service and support should be made directly to us at support@capsulerecords.com. |
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Indemnification
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You agree to indemnify and hold harmless Capsule Records Inc. and its parents, sister companies, subsidiaries, affiliates, service providers, other End Users, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to your violation of this Terms of Use, or your violation of any law, regulation or third-party right. |
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Disclaimer of Warranties
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The Site, products, services, Content, digital downloads, software, artwork, data, and information are provided "as is." Capsule Records Inc. expressly disclaims all warranties and/or conditions, express or implied, as to any matter whatsoever relating to or referenced by the Capsule Records Inc. Site, including, but not limited to, the implied warranties and/or conditions of merchantability or quality of data and fitness for a particular purpose, suitability, title, non-infringement, lack of viruses or correspondence to description. |
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Limitation of Liability
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The entire risk arising out of the use of the Site, the use of any products and/or services offered on or in connection with the Site, and/or the use of any content remains with you. In no event shall Capsule Records Inc. or its licensors or any of their officers, directors, employees, agents or affiliates be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other data, or other pecuniary loss) arising out of this Terms of Use or the use of or inability to use any products, services and/or content, with the delay or inability to use the Capsule Records Inc. Site or related services, the provision of or failure to provide products or services, or for any information, software, products, services and content obtained through the Site, or otherwise arising out of the use of the Capsule Records Inc. Site whether based on contract, tort, negligence, strict liability or otherwise even if Capsule Records Inc. has been advised of the possibility of such damages. Notwithstanding anything else in this Terms of Use or posted on the Site, the maximum liability that Capsule Records Inc. and/or any of its affiliated companies shall have is limited to any amounts actually paid to Capsule Records Inc. by End User. Order information such as billing address that is inaccurate or incomplete may result in delays that shall not be the responsibility of Capsule Records Inc. and/or any of its affiliated companies. You acknowledge and agree that the limitations of liability, disclaimers of warranties and limited remedies set forth herein represent an inseparable allocation of risk (including, without limitation, in the event of a total and fundamental breach of this Terms of Use) that is an essential basis of the bargain between the parties. |
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Policy to Terminate Privileges for Copyright Infringement
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Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), Capsule Records Inc. will terminate the account of any customer, or vendor who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to the Capsule Records Inc. and later confirmation through court order or an admission by the customer that an account has been an instrument of unlawful infringement, Capsule Records Inc. will terminate the infringing customer's account. Capsule Records Inc. may also in its sole discretion decide to terminate a customer's account privileges prior to that time if it has good belief that infringement has in fact occurred. In addition, pursuant to 17 U.S.C. Section 512(c), Capsule Records Inc. has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Capsule Records Inc. respects the intellectual property of others and we ask other to do the same. If you believe that your copyright has been infringed through the Capsule Records Inc. website, please contact us at info@capsulerecords.com. Any written notice describing the infringing activity must include the following information:
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