TERMS AND CONDITIONS
ENTIRE AGREEMENT: These Terms and Conditions constitute the entire agreement between us and you with respect to your use of our Site and the services offered by us. If for any reason any provision of these Terms and Conditions, or portion thereof, are deemed to be unenforceable by a court of law, that provision will be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions will continue in full force and effect.
TRADEMARK AND COPYRIGHT INFORMATION: All material on this site, including but not limited to text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, and software is owned, controlled or licensed to RECKLESSRECORDS.BIZ and is protected by copyright, trademark, and other intellectual property rights. Material on this site is 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 RECKLESSRECORDS.BIZ. You may download material intentionally made available for downloading from this site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
CODE OF CONDUCT: Rules, Policies, Disclaimers, governing the use of RECKLESSRECORDS.BIZ Online, (including RECKLESSRECORDS.BIZ, Guestbook, Beetfarm, and other services). We do not review every message nor do we confirm the accuracy or validity of information posted. We do not actively monitor the contents of the postings nor are we responsible for the content of any postings. We do not vouch for nor do we warrant the validity, accuracy, completeness, usefulness, of any message or information posted.
The contents of the postings do not represent the views of the RECKLESSRECORDS.BIZ, its Labels or any person or property associated with RECKLESSRECORDS.BIZ Online, RECKLESSRECORDS.BIZ, and our family of websites.
If any Community user feels that any posting is objectionable, we encourage you to contact us by email. We will make every effort to remove objectionable content, if we deem removal to be warranted. Please understand that removal or editing of any posting is a manual process and might not occur immediately.
You agree, by using this service, that: (1) you will not use any of the RECKLESSRECORDS.BIZ properties to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, obscene, profane, hateful, harassing, sexually oriented, threatening, invasive of one's privacy, or otherwise in violation of any law; (2) you will not restrict or inhibit any other user from using and enjoying the site and services (for example, by means of hacking or defacement); (3) you will not post any copyrighted material unless you own the copyright; (4) you will not post or transmit any information or software that contains a or other harmful, disruptive, or deleterious component; (5) you will not post or transmit materials in violation of another party's copyright or other intellectual property rights; (6) you will not utilize any robot, spider, site search/retrieval application, or any other manual or automated technique to scrape, index, data mine, etc., or in any way reproduce or circumvent the navigational structure or presentation of the site and its contents; and, (7) you will not impersonate any other individual or entity.
Although we cannot and do not review all posted messages, we reserve the right to remove (or not) any message for any (or no) reason whatsoever. You remain solely responsible for the content of your messages, and you agree to indemnify and hold harmless the RECKLESSRECORDS.BIZ Online, and their agents, with respect to any claim based upon transmission of your message(s) and/or posting(s).
We will be committed leaders within our states and communities as we interact with others to promote awareness of, participation in, and involvement with the D.A.R.E. Program. We will always remember that we represent millions of young people from across the country who also strive to remain drug and violence free, and we will always speak out to champion the values that D.A.R.E. America represents.
We reserve the right to reveal your identity (including whatever information we know about you) in the event of a complaint or legal action arising from any message posted by you.
Posting of advertisements, chain letters, pyramid schemes, solicitations, and the like, are inappropriate and forbidden within the RECKLESSRECORDS.BIZ Family Of Online sites and related services (including Beetfarm, Guestbook).
RECKLESSRECORDS.BIZ HAS PROVIDED LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES ("THIRD PARTY SITES") AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THIS SITE. NEITHER RECKLESSRECORDS.BIZ, ITS PARENT OR SUBSIDIARY COMPANIES, NOR THEIR AFFILIATES, OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. THE MATERIALS IN THIS SITE AND THE THIRD PARTY SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND THE THIRD PARTY SITES.
RECKLESSRECORDS.BIZ, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL , EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE OR THE THIRD PARTY SITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. RECKLESSRECORDS.BIZ DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS, THE SITES OR THE THIRD PARTY SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE THIRD PARTY SITES, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RECKLESSRECORDS.BIZ DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU (AND NOT RECKLESSRECORDS.BIZ) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
For the avoidance of doubt, RECKLESSRECORDS.BIZ makes no representations or warranties regarding how often the materials or information posted on the site will be updated (if at all) or the number or identification of the recording artists or other individuals (if any) that will be featured on the site.
LICENSE TO RECKLESSRECORDS.BIZ
By posting messages, uploading files, inputting data, or engaging in any other form of communication through this site, you are granting RECKLESSRECORDS.BIZ a royalty free, perpetual, non-exclusive, unrestricted, worldwide license to: (1) use, copy, sublicense, adapt, transmit, publicly perform or display any such communication; and (2) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, servicemark, or patent laws under any relevant jurisdiction.
If you wish to purchase products or services described on the RECKLESSRECORDS.BIZ site, you may be asked to supply certain information including credit card or other payment information. 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.
This Agreement is entered into in the State of New York and shall be governed by and construed in accordance with the laws of the State of New York, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts sitting in the Borough of Manhattan in the City of New York in the State of New York, and waives any jurisdictional, venue or inconvenient forum objections to such courts. Each party to this Agreement further agrees as follows: (i) any claim brought to enforce this Agreement must be commenced within two (2) years of the cause of action accruing; (ii) no recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees; (iii) any claim must be brought individually and not consolidated as part of a group or class action complaint.
This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto with respect to the subject matter of this Agreement are expressly canceled. RECKLESSRECORDS.BIZ may modify the terms of this Agreement by posting notice of such modification on a page of the site entitled "Legal Notices" or "Legal Information" or 'Legal" (or similar title) before the modification takes effect.
APPROPRIATE USE: You represent, warrant and covenant that: (a) you have the capacity to make contracts and that you are expressly authorized to make and enter this contract and (b) you will not upload, post or transmit to or distribute or otherwise publish through our Site, any material which: (i) restricts or inhibits any other user from using or enjoying our Site, (ii) is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violates, plagiarizes or infringes the rights of third parties, including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) constitutes defamatory or libelous statements, (vi) contains a computer virus or other harmful component, (vii) constitutes or contains false or misleading indications of origin or statements of fact or (viii) is inappropriate for the purpose of our Site. We retain the right to review any material submitted for posting on our Site and have the sole and absolute right to determine whether that material complies with these Terms and Conditions.If the President determines that it is essential to limit access to the finding to meet extraordinary circumstances affecting vital interests of the United States, the finding may be reported to the chairmen and ranking minority members of the congressional intelligence committees, the Speaker and minority leader of the House of Representatives, the majority and minority leaders of the Senate, and such other member or members of the congressional leadership as may be included by the President.
CONSENT TO ELECTRONIC COMMUNICATIONS: You agree to receive all documentation and information provided by us, and our affiliates, through our Site and through e-mail provided to you via the Internet. This electronic provision and delivery will be regarded by you as appropriate delivery pursuant to any delivery requirements under the various statutes and rules, where applicable, of the U.S. Securities and Exchange Commission (the "SEC"), the National Association of Securities Dealers and any state. To receive information electronically from us, you will need to be able to access our Site on the Internet, which requires Internet access and a Web browser, as well as an Internet e-mail account. No additional hardware or software requirements should be necessary. In the event of a change in the hardware or software requirements necessary to access our Site, prominent notice will be displayed on our Site prior to the implementation of such change. You acknowledge that you have the appropriate computer equipment to use our Site and to receive e-mail via the Internet and understand that you may incur certain operational costs in connection with your use of the Internet such as monthly fees for a service provider. You solely and expressly agree to undertake the obligation to notify us of changes in your electronic contact information and to contact us at firstname.lastname@example.org no less than two weeks prior to any change in your electronic contact information to ensure adequate time for us to process these changes. You also agree to notify us at email@example.com in the event that you no longer desire to receive information through this delivery procedure. If you prefer to receive information and materials from us in paper format, rather than electronically, you may request the information by submitting a written notice to Louuy Wienermayer, RECKLESS RECORDS BIZ Corp., 1314 Park Ave, New York, New York 10016. You will allow a reasonable amount of time to make appropriate changes to ensure proper delivery to you through other means.
FRAUD PREVENTION / DISPUTE RESOLUTION. Complaints of fraud are extremely rare at RecklessRecords.biz and we provide Fraud Insurance that insures buyers against fraud. Insurance is not a substitute for common sense and due diligence and the bidder must take steps to prevent problems. We provide a feedback system where buyers and sellers can publicly post their experiences with each other. Before placing a bid, the buyer should check the seller's feedback to see how the seller has handled himself in past transactions. We strongly recommend that the buyer use either a credit card or an online escrow service because of the extra protection these offer. Never send cash or use any payment method that provides no proof of payment!
If you were the winning bidder in an auction transaction, sent payment, and either did not receive your item or received an item substantially different than what was advertised we provide Fraud Insurance that may cover your your transaction. Our Fraud Claim Process Overview page explains the fraud claim process and helps you understand if your purchase qualifies.
For disputes between a buyer and seller other than fraud claims as described above, we provide a feedback system where buyers and sellers can post their experiences with the other party for all to see. Although buyer/seller disputes are rare, RecklessRecords.biz is not a court and cannot arbitrate disputes or arguments between users. As per the Feedback section of this document we will not arbitrate disputes over feedback.
DATA TRANSMISSION: You understand that data transmissions to and from us via the Internet, e-mail or other forms of electronic transmission may not be confidential and your communications may be read or intercepted by unauthorized third parties. You acknowledge that we are not responsible for any compromise of data transmitted across computer networks or telecommunications facilities, including the Internet.
If you visit our site to read or download information, we collect and store the following information about your visit:
- The name of the Internet domain (for example, "xcompany.com" if you use a private Internet access account, or "yourschool.edu" if you are connecting from a university's domain) and the IP address (a number that is automatically assigned to your computer when you are using the Internet) from which you access our site;
- The type of browser and operating system used to access our site;
- The date and time you access our site;
- The Internet address of the Web site from which you linked directly to our site; and
- The pages you visit and the information you request.
NO CONFIDENTIAL, FIDUCIARY OR CONTRACTUALLY IMPLIED RELATIONSHIP EXISTS WITH RECKLESSRECORDS.BIZ: You acknowledge that by registering with us, submitting information to us for posting or any other purposes or using the Site and our services, no confidential, fiduciary, contractually implied or other relationship is created between you and us other than the express contractual relationship set forth in these Terms and Conditions and any other written agreement you may enter into with us.
WAIVER AND RELEASE: You agree to release, discharge and hold harmless RECKLESSRECORDS.BIZ and our affiliates and our or their respective directors, officers, employees and agents from any and all liability, claims or causes of action (known or unknown) arising out of our or their negligence or due to any act, event or occurrence beyond our or their control. This waiver and release of liability includes, without limitation, liabilities arising out of information posted on our Site or otherwise provided by our personnel and liability arising out of services we provide. IN NO EVENT WILL WE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENCIAL DAMAGES FOR ANY USE OF OUR SITE, OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE PARAGRAPH AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. You are waiving any right that you may have to bring a legal action to assert a claim against us or the other parties set out above for our or their negligence or due to any act, event or occurrence beyond our or their control.
For site security purposes and to ensure that this service remains available to all users, this computer system employs software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. Anyone using this system expressly consents to such monitoring and is advised that if such monitoring reveals evidence of possible abuse or criminal activity, such evidence may be provided to appropriate law enforcement officials. Unauthorized attempts to upload or change information on this server are strictly prohibited and may be punishable by law, including the Computer Fraud and Abuse Act of 1986 and the National Information Infrastructure Protection Act of 1996.
OUR RIGHT TO TERMINATE MEMBERSHIP: We reserve the right to terminate your membership and access to our Site or any portion of our Site and remove any materials, information and data that you have posted on our Site, in our sole discretion, without notice, at any time and for any reason, including, without limitation, (i) a breach of these Terms and Conditions or (ii) unauthorized use of your user name(s), password(s) and/or account number(s).
LINKS TO AND FROM OTHER SITES: Our Site may contain links and pointers to other Internet sites and resources. We take no responsibility for the accuracy, content or any other aspect of these websites and disclaim any liability to you in connection with such websites. You acknowledge that we do not have any control over and have no responsibility with regard to the information contained on any non-RECKLESSRECORDS.biz site.
PASSWORDS: Certain areas of our Site cannot be viewed without a password. All such passwords, user identification numbers and other access codes or security items issued to you by us or selected by you are referred to herein as "passwords." You are solely responsible for the use and proper protection of the passwords. You agree to take all reasonable precautions to protect the security and integrity of the passwords, and to prevent their unauthorized use. You agree to be responsible for all actions taken that use your passwords. If you become aware of any unauthorized access or use of the Site with your passwords, or if your password is lost, you will immediately notify us.
VERIFICATION OF INVESTOR STATUS: We, or our registered broker-dealer affiliate, may conduct inquiries to verify the status of an investor as an Accredited Investor (as defined in the regulations issued by the SEC). We will have the sole discretion to make determinations as to an investor's status.
WAITING PERIOD: In accordance with applicable U.S. securities laws, an investor will not have access to investment opportunities that are posted on the Site at the time that an investor is qualified as a member with us until thirty days after the investor is approved as a member. After the initial thirty-day waiting period, the Investor will have access to investment opportunities as they are posted on the Site.
TELEPHONE AND COMMUNICATION CHARGES: You are responsible for any and all telephone and other communications charges relating to your use of the Site.
NO REGULATORY ENDORSEMENTS: The securities offered on our Site are not endorsed by any regulatory authority. Any representation to the contrary is a criminal offense.
TRADEMARKS: "Reckless Records . biz " and other RECKLESSRECORDSbiz graphics, logos and service marks are trademarks of the Reckless Records Biz, Inc. and its affiliates.
INDEMNIFICATION: You hereby jointly and severally agree to indemnify, defend and hold us and our affiliates, and any of our or their respective officers, directors, owners, agents, employees, information providers, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs, including, without limitation, attorneys' fees and costs incurred by the Indemnified Parties in connection with any claim arising out of your use of our Site or any breach by you of these Terms and Conditions, or the purchase by you of securities, including any liabilities associated with a violation of federal or state securities laws. If the indemnity provided in this paragraph is not available or is insufficient to hold harmless the Indemnified Parties for any reason, you agree to contribute to the aggregate losses, claims and liabilities to which the Indemnified Parties may be subject in such proportion as appropriate to reflect the relative fault by you and the Indemnified Parties with respect to the activity giving rise to the indemnity claim. You will cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you will not in any event settle any such matter without our written consent.
DISCLAIMER OF WARRANTY: Our Site, including all content, software and functions made available on or accessed through our Site, is provided "as is." To the fullest extent permissible by law, we and our subsidiaries and affiliates make no representations or warranties of any kind as to the content, software or functions accessed through our Site, for any products or services or links to third parties or for any breach of security associated with the transmission of sensitive information through our Site or any linked site. WE AND OUR SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT ANY CONTENT, SOFTWARE OR THE FUNCTIONS ACCESSED THROUGH OUR SITE WILL BE UNINTERRUPTED OR ERORR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE AND OUR SUBSIDIARIES AND AFFILIATES WILL NOT BE LIABLE FOR DIRECT, INDIRECT, PUNITIVE OR SPECIAL DAMAGES RELATED TO YOUR USE OF THE SITE.
GOVERNING LAW: These Terms and Conditions are governed by and construed in accordance with the substantive law of the state of New York, without regard to conflicts of laws principles.
JURISDICTION AND VENUE: You agree that any suit, proceeding or action involving any dispute or matter arising under these Terms and Conditions or as a result of or related to your use of our Site may only be brought in the courts of the state of New York having jurisdiction over the subject matter of the dispute or matter. You consent to the exercise of personal jurisdiction by any such court with respect to any such suit, proceeding or action.
ASSIGNMENT; SUCCESSORS AND ASSIGNS: We reserve the right to assign our rights and obligations under these Terms and Conditions to one or more of our affiliates or to any successor entity by way of merger, consolidation or otherwise. You are not entitled to assign your rights and obligations under these Terms and Conditions without our express written consent. These Terms and Conditions will inure to the benefit of, be binding upon and be enforceable by our successors and assigns.
DESIGNATED AGENT UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT
The Digital Millennium Copyright Act (DMCA) provides a mechanism for notifying service providers of claims of unauthorized use of copyrighted materials. Under the DMCA, a claim must be sent to the service provider's Designated Agent. If you believe in good faith that RECKLESSRECORDS.BIZ should be notified of a possible online copyright infringement involving a RECKLESSRECORDS.BIZ website, please notify RECKLESSRECORDS.BIZ Entertainment Inc's Designated Agent
Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth in the DMCA. You are encouraged to review them (see 17 U.S.C. Sec. 512(c)(3))before sending your notice of claim.
VOID WHERE PROHIBITED
Although the site is accessible worldwide, not all products or services discussed or referenced in the site are available to all persons or in all geographic locations. RECKLESSRECORDS.BIZ reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any product or service made in the site is void where prohibited.
ATTENTION OVERSEAS CUSTOMERS
As required by law, products of RECKLESSRECORDS.BIZ is subject to United States export controls. RECKLESSRECORDS.BIZ recordings may not be downloaded or otherwise exported or re-exported into (or to a national or resident of) Afghanistan, Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country to which the United States has embargoed goods; or any organization or company on the United States Commerce Department's "Denied Parties List." By downloading or using RECKLESSRECORDS.BIZ recordings, you are agreeing to the foregoing and all applicable export control laws. You are also warranting that you are not under the control of, located in, or a resident or national of any such country or on any such list. The information on export laws provided herein is not necessarily complete.
For more information on export laws, please
refer to the United States Commerce Department Bureau of Export
Your use of our Site constitutes acceptance of these Terms and Conditions, and signifies that you agree to be bound by these Terms and conditions.
In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.