Turntable Lab Inc.
Registration Terms of Service, Privacy, and End-User License Agreement
PLEASE READ THIS AGREEMENT CAREFULLY. The terms and conditions stated in this
Agreement below shall at all times govern your use of the Turntable Lab Inc. website
(www.turntablelab.com), its software and any content that you may see or download.
These terms of service and end-user license agreement (the "EULA.")
govern your rights to the Turntable Lab Inc. store and the digital music files
("TTL Downloads") you download from the Turntable Lab Inc. store. It
is a legally-binding contract between you and Turntable Lab Inc. (sometimes referred
to below as "TTL", "we", or "us" or "our")
that grants you a limited license to access the Turntable Lab Inc. store and to
use the TTL Downloads you select. In order to purchase the right to download and
access the TTL Downloads, you must agree to the terms of this EULA. After you
have read this EULA, you can indicate your acceptance of its terms by checking
the “AGREE" box next to your credit card information. By installing,
copying, or otherwise using the Turntable Lab Inc. store or its software, you
acknowledge that you have read the EULA and agree to be bound by its terms and
conditions. If you do not agree to (or cannot comply with) the terms and conditions
of this EULA, leave the “Agree” box unchecked. By leaving this box
unchecked, you will be unable to complete the registration process and you will
not be able to download from the Turntable Lab Inc. store.
GENERAL INFORMATION
You understand that the Turntable Lab Inc. software includes security components
that permit digital information to be protected and that limit your use and access
to the TTL Downloads so that they may be used only in accordance with licensing
rules assigned by Turntable Lab Inc. and/or its content suppliers (the "Usage
Rules"). TTL Downloads are encoded and licensed to you in the MP3 and WAV
format. The approved Usage Rules, below, shall govern your rights with respect
to the TTL Downloads regardless of whether unauthorized rules have been associated
with music downloads by another party. This EULA provides: (i) information regarding
your rights with respect to the TTL Downloads; (ii) information regarding your
rights with respect to your access to the Turntable Lab Inc. store; (iii) information
regarding our Customer Service and refund policies; and (iv) other important legal
information. Turntable Lab’s privacy policy applies to the use of the Turntable
Lab Inc. store and its terms are made a part of this EULA by this reference. For
further information about the mechanics of downloading or other aspects of your
purchase, please refer to our FAQ.
YOUR RIGHT TO USE THE TURNTABLE LAB INC. STORE AND ITS CONTENTS.
The Turntable Lab Inc. store and all materials on the Turntable Lab Inc. store,
including but not limited to the TTL Downloads, images, software, text, and video
clips (the "Content") are only for your personal use and you agree that
you are purchasing TTL Downloads for your own personal use for entertainment purposes
and not for redistribution of any kind. The sale to you of any TTL Download does
not convey to you any reproduction or promotional use rights of the TTL Download
(e.g., any uses that implicate or require synchronization rights or public performance
or print music publishing rights to be obtained and/or paid with respect to the
musical compositions, or any use that would result in the commercial redistribution
or performance of the TTL Download or the musical composition underlying such
download). You may not distribute, exchange, modify, sell or re-sell, or transmit
to any other person any materials contained on the Turntable Lab Inc. store, including
but not limited to any text, images, audio, and video, for any business, commercial
or public purpose. You agree to abide by the rules and policies established from
time to time by Turntable Lab Inc. Such rules and policies will be applied generally
in a nondiscriminatory manner to users of the Turntable Lab Inc. store and related
software, and may include, for example, required or automatic updates, modifications
and/or reinstallations of the software, and obtaining available patches to address
security, interoperability, and/or performance issues. Turntable Lab Inc. (for
itself and for its content providers) reserves the right to enforce the Usage
Rules with or without notice to you. As long as you comply with the EULA, Turntable
Lab Inc. grants you a non-exclusive, non-transferable, limited right to enter,
display, and use the Turntable Lab Inc. store. In all circumstances, you understand
and acknowledge that your rights with respect to Content you obtain for use in
connection with the software and the Turntable Lab Inc. store will be limited
by copyright law and by the Usage Rules, as described in the EULA. You agree not
to interrupt or attempt to interrupt the operation of the Turntable Lab Inc. store
in any way. Except as provided herein, all other non-enumerated uses of the Turntable
Lab Inc. store are prohibited and shall constitute a violation of the terms of
this Agreement.
DOWNLOADS LICENSE AND LIMITATIONS ON USE.
Turntable Lab Inc. hereby grants you a non-exclusive, non-transferable, revocable
license to use the Turntable Lab’s Downloads in accordance with the following
limitations (the "Limitations on Use"): Permitted Uses: You may play
the TTL Downloads an unlimited number of times on any personal device player.
Restrictions: You are not permitted to make copies of any TTL Downloads, images,
software, text, and video clips (the "Content") with the intention to
give, sell, loan, broadcast, send or transmit to friends and family or anyone
else. You are not permitted to upload any Content to the internet. Peer-2-peer
file sharing is strictly prohibited, as is all other network file sharing. You
may not resell any Content to any third party.
OWNERSHIP OF INTELLECTUAL PROPERTY.
All Content on the Turntable Lab Inc. store is protected by copyright under U.S.
law, international conventions, and other copyright laws. You cannot use the Content
except as specified herein. Any unauthorized use of the Content may violate copyright
laws, trademark laws, the laws of privacy and publicity, and civil and criminal
statutes. There are a number of proprietary logos, service marks, and trademarks
(collectively, the "Trademarks") found on the Turntable Lab Inc. store
that are owned by Turntable Lab Inc. and other third parties. Nothing contained
on the Turntable Lab Inc. store should be construed as granting by estoppel or
otherwise, any license or right to use to any Trademark displayed on the Turntable
Lab Inc. store.
YOUR ACCOUNT AND PASSWORD
Registration with the Turntable Lab Inc. store will require you to open an account
(including setting up a unique ID and password). You may only open an account
for yourself, and not for any other person. You warrant that the information you
provide to Turntable Lab Inc. during the registration process and any other communications
with Turntable Lab Inc., is true, correct, complete, and current and you agree
to update such information as necessary so that it remains current, accurate,
and complete. You agree that any information provided by you to us will not violate
any law or regulation or infringe the rights of any third party. By opening an
account, you are certifying that you are capable of entering a contract under
the laws of your jurisdiction. You will be asked during the registration process
to provide Turntable Lab Inc. with your credit card or payment information. You
acknowledge and agree that the complete privacy of your data and messages transmitted
while registering or using the Turntable Lab Inc. store cannot be guaranteed.
You agree that you will consult the terms and conditions that are imposed by your
credit card issuer for notification requirements and limitations on your liability
for loss, theft, or unauthorized use of your credit card. You agree that you,
and not TTL, will be solely responsible for the payment of all amounts billed
to your credit card by unauthorized third parties. You are entirely responsible
for maintaining the confidentiality of your account information, including your
password, and for any activity that occurs under your Turntable Lab Inc. store
account. You agree to notify Turntable Lab Inc. immediately of any unauthorized
use of your account or password, or any other breach of security. However, you
may be held liable for losses incurred by Turntable Lab Inc., its third party
licensors, or by any other user of or visitor to the Turntable Lab Inc. store
due to someone else using your unique ID, password or account. No person may use
anyone else's unique ID, password or account at any time. Turntable Lab Inc. and
its third party licensors cannot and will not be liable for any loss or damage
arising from any failure on the part of any person to comply with these obligations.
PRIVACY POLICY.
You are required to provide certain contact and personal information when you
open your account with Turntable Lab Inc.: All information provided by you to
Turntable Lab Inc. shall be and shall at all times remain subject to our privacy
policy ("Privacy Policy"): We shall store you name, address and e-mail
information for use in connection with the provision of Turntable Lab Inc. services
hereunder. We shall not disclose or provide your stored contact information to
any unaffiliated third party unless we are required to do so by State or Federal
government agencies or in the context of litigation. The Privacy Policy's terms
and conditions may be adjusted from time to time without further notice to you,
and as a condition of using Turntable Lab Inc. services, you hereby expressly
waive your right to such notice. You hereby warrant and represent that you have
read our Privacy Policy and agree to its terms and hereby consent to our collection,
use and disclosure of your personal information consistent with the terms and
conditions of the Privacy Policy as set forth herein.
EMAIL/PHONE COMMUNICATION.
By establishing an account with Turntable Lab Inc., you expressly grant permission
for TTL to communicate with you via e-mail at the e-mail address you provide,
or at the contact phone # you provide.
RULES FOR KIDS.
Because of certain laws and the fact that Turntable Lab Inc. store is not directed
to children under the age of 13, we cannot offer the TTL Downloads to such individuals.
If you are under the age of 13, you may not create an account with the Turntable
Lab Inc. store and you shall not be eligible to participate in any promotions,
and you are asked not to provide any personal information to us.
REFUND POLICY
There are no refunds once a TTL Download is purchased. When you click the "Buy
Now" button, or other button confirming your purchase, your digital music
purchases are charged to the credit card or authorized payment method contained
in your Turntable Lab Inc. store account. ALL SALES FINAL.
PRICES, TAXES, SPECIAL OFFERS AND PROMOTIONS.
Features, specifications, services and/or prices offered from the Turntable Lab
Inc. store may change at any time without notice and Turntable Lab Inc. does not
provide price protection or refunds in the event of a price drop or a promotional
offering. Purchases from the Turntable Lab Inc. store may include sales tax (where
applicable). In such cases, the sales tax rate in effect at the time the TTL Download
occurs will apply. If the applicable sales tax rate changes before the TTL Download
has been completed, the new tax rate, effective at the time of the completion
of the TTL Download, will apply. You are not eligible for tax exemptions for purchases
made from the Turntable Lab Inc. store. Other product and service limitations
and disclaimers may apply. Special product or service offerings and promotions
displayed on the Turntable Lab Inc. store are considered no longer valid once
they are removed from the Turntable Lab Inc. store. Additionally, all offerings
and promotions are subject to change or cancellation at any time without notice.
CUSTOMER SERVICE.
Customer Service can be accessed by clicking on the following link: http://www.turntablelab.com/lab_info/contact.html
TURNTABLE LAB INC. RESERVES THE RIGHT TO CHANGE THE TURNTABLE LAB INC. STORE,
THESE TERMS OF SERVICES OR THE EULA
Turntable Lab Inc. may add to, change or remove any part of the EULA at any time,
without notice. By accepting the terms of this Agreement, you hereby expressly
waive any right to notice regarding changes to this Agreement. Any changes to
the EULA apply as soon as they are posted. You should therefore periodically the
"Terms of Service/EULA" in the FAQ of the Turntable Lab Inc. store web
pages to review the then-current Terms of Service and EULA. By continuing to use
the Turntable Lab Inc. store after any changes are posted, you are indicating
your acceptance of those changes. Turntable Lab Inc. and/or the owners of the
Content may add, change, discontinue, remove, or suspend any materials posted
on the Turntable Lab Inc. store, including features and specifications of products
described or depicted on the Turntable Lab Inc. store, temporarily or permanently,
at any time, without notice and without liability.
Electronic Signatures and Contracts.
Your use of the Turntable Lab Inc. store includes the ability to enter into agreements
and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC
SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR
SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC
SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO
ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
YOU AGREE THAT ANY ELECTRONIC SUBMISSIONS, INCLUDING BUT NOT LIMITED TO CLICKING
'AGREE' OR ANY OTHER AFFIRMATIVE ACKNOWLEDGEMENTS, ARE INTENDED TO BE AN AFFIRMATION
OF YOUR SIGNATURE AND WILL BE BINDING TO THE FULLEST EXTENT OF THE LAW IN THE
ABSENCE OF A PHYSICAL SIGNATURE.
RISK OF USE.
Turntable Lab Inc., its licensors, suppliers and affiliates assume no responsibility,
and shall not be liable for, any damages to, or viruses that may damage your computer
equipment or other property on account of your access to, use of, or browsing
in the downloading of any materials, data, text, images, video, or audio from
the Turntable Lab Inc. store or any other way, whether or not linked from the
Turntable Lab Inc. store.
No Responsibility for Third-Party Materials or Web sites.
Certain content, Products, and services available via Turntable Lab Inc. may include
materials from third parties. In addition, Turntable Lab Inc. may provide links
to certain third party websites. You acknowledge and agree that Turntable Lab
Inc. is not responsible for examining or evaluating the content or accuracy of
any such third-party material or Web sites. Turntable Lab Inc. does not warrant
or endorse and does not assume and will not have any liability or responsibility
for any third-party materials or websites, or for any other materials, products,
or services of third parties. Links to other websites are provided solely as a
convenience to you. Your linking is entirely at your own risk.
WARRANTIES AND DISCLAIMER OF WARRANTIES.
THE TURNTABLE LAB INC. STORE, THE CONTENT, AND THE TTL DOWNLOADS ARE PROVIDED
SOLELY ON AN "AS-IS" BASIS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, TURNTABLE
LAB INC. AND ITS LICENSORS, SUPPLIERS AND AFFILIATES: (1) DO NOT MAKE ANY WARRANTIES
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE TURNTABLE LAB INC.
STORE, THE CONTENT, OR THE TTL DOWNLOADS ; (2) EXPRESSLY DISCLAIM ANY IMPLIED
WARRANTIES OR MERCHANTABILITY, SATISFACTORY QUALITY, AND/OR FITNESS FOR A PARTICULAR
PURPOSE; AND (3) DO NOT WARRANT THAT THE TURNTABLE LAB INC. STORE, THE TTL DOWNLOADS
OR YOUR USE THEREOF OR THE CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR
ERROR FREE. YOUR SOLE AND EXCLUSIVE REMEDY AND WARRANTY AND TTL 's AND ITS LICENSORS',
SUPPLIERS' OR AFFILIATES' SOLE OBLIGATION AND LIABILITY HEREUNDER WITH REPSECT
TO THE TURNTABLE LAB INC. STORE, THE CONTENT, AND THE TURNTABLE LAB’S DOWNLOADS
WILL BE, AT TTL 's SOLE OPTION, REPLACEMENT OF THE DEFECTIVE TTL DOWNLOAD(S) OR
A WHOLE OR FULL REFUND OF THE PURCHASE PRICE PAID BY YOU FOR THE DEFECTIVE TTL
DOWNLOAD(S).
LIMITATION OF LIABILITY.
EXCEPT AS EXPRESSLY PROVIDED IN THIS EULA, IN NO EVENT WILL TURNTABLE LAB INC.
ITS LICENSORS, SUPPLIERS OR AFFILIATES BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL,
EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES OR LOST PROFITS,
HOWEVER CAUSED, ARISING FROM OR RELATING TO THE TURNTABLE LAB INC. STORE, THE
CONTENT, THE TTL DOWNLOADS , THE EULA OR THE SUBJECT MATTER OF IT UNDER ANY THEORY
OF LIABILITY, INCLUDING BUT NOT LIMITED TO (1) DAMAGES ARISING FROM LOSS OF DATA;
AND (2) DAMAGES ARISING FROM YOUR USE OF THE CONTENT OR THE TURNTABLE LAB’S
DOWNLOADS IN VIOLATION OF THIS EULA, INCLUDING THE LIMITATIONS ON USE. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH EXCLUSIONS OR LIMITATIONS MAY NOT
APPLY TO YOU.
INDEMNIFICATION.
You will defend and indemnify Turntable Lab Inc. and its licensors, distributors,
suppliers and affiliates (and their respective officers, directors, employees,
and agents) against any and all claims, losses, damages, liabilities, deficiencies,
judgments, assessments, fines, costs and other expenses (including reasonable
attorney's fees) arising from or relating to your use of the Turntable Lab Inc.
store, the TTL Downloads or Content in violation of this EULA.
TERMINATION.
This EULA and your rights to access, download and use the TTL Downloads are subject
to immediate termination, without notice, if you breach any provision of this
EULA or if you use the Content or TTL Downloads in violation of this EULA. If
such termination without notice is expressly prohibited by applicable law, then
such termination will occur upon notice of any such breach. Upon termination,
you must: (i) cease all use of the Turntable Lab Inc. store, the Content, and
the TTL Downloads, (ii) destroy all electronic files of the Content and TTL Downloads
and (iii) return all physical copies of the Content and TTL Downloads recorded
in recordable blank media to Turntable Lab Inc.
CHOICE OF LAW AND VENUE.
This EULA will be governed by the laws of the state of New York, without regard
to its conflicts of law principles. You agree that any claim or dispute arising
out of or relating to this EULA will be brought in an appropriate state or federal
court located in New York County, New York. You agree to submit to the exclusive
jurisdiction and venue of these courts and waive any jurisdictional, venue or
inconvenient forum objections to such courts. THE PARTIES SHALL NOT RAISE IN CONNECTION
THEREWITH, AND HEREBY WAIVE, TRIAL BY JURY AND/OR ANY DEFENSES BASED UPON THE
VENUE, THE INCONVENIENCE OF THE FORUM, LACK OF PERSONAL JURISDICTION, THE SUFFICIENCY
OF SERVICE OF PROCESS OR THE LIKE IN ANY SUCH ACTION OR SUIT.
SURVIVAL.
The paragraphs entitled "INDEMNIFICATION" and "CHOICE OF LAW AND
VENUE" will survive termination of this EULA
ENTIRE AGREEMENT AND SEVERABILITY.
This EULA constitutes the entire agreement between you and Turntable Lab Inc.
with respect to its subject matter. No employee or agent of Turntable Lab Inc.
has the authority to alter or vary any of the policies of Turntable Lab Inc.,
the Turntable Lab Inc. store or the EULA. If any part of this EULA is found invalid
or unenforceable by a court of competent jurisdiction, the remainder of this EULA
will be interpreted so as to reasonably effect the intention of the parties.
Amended August 2007.