(Contains legal information, including the
Terms and Conditions and Code of Conduct applicable to this
website. PLEASE READ THIS CAREFULLY!)
This Internet website is the property of SUNSET JAZZ
RECORDINGS. References to "SUNSET JAZZ RECORDINGS", "SUNSET"
Online Services", or "this website" shall also be deemed to
be references to SUNSET JAZZ RECORDINGS LABEL GROUP Music
Entertainment Distribution Company.
SUNSET JAZZ RECORDINGS PROVIDES ACCESS TO THIS WEBSITE AND ANY
RELATED SERVICES PROVIDED HEREON (THE "SUNSET JAZZ
RECORDINGS ONLINE SERVICES") SUBJECT TO YOUR COMPLIANCE WITH
THE FOLLOWING TERMS AND CONDITIONS. THESE TERMS AND
CONDITIONS CONSTITUTE AN AGREEMENT BETWEEN YOU AND SUNSET
JAZZ RECORDINGS ("AGREEMENT") THAT GOVERNS THE RELATIONSHIP
BETWEEN YOU AND SUNSET JAZZ RECORDINGS WITH RESPECT TO YOUR
USE OF THIS WEBSITE AND THE SUNSET ONLINE SERVICES.
THUS, IT IS IMPORTANT THAT YOU READ CAREFULLY AND UNDERSTAND
THESE TERMS AND CONDITIONS.
TERMS AND CONDITIONS
TRADEMARK AND COPYRIGHT INFORMATION: All material on this
website, 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 by, or licensed to SUNSET and
is protected by copyright, trademark, and other intellectual
property rights. Material on this website 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 SUNSET in each instance. You may download
material intentionally made available for downloading from
this website for your personal, non-commercial use only,
provided that you keep intact any and all copyright and
other proprietary notices that may appear on such materials.
CODE OF CONDUCT: The following rules, policies, and
disclaimers shall govern and/or apply to your use of the
SUNSET Online Services on this website (including, without
limitation, any bulletin boards, chat rooms, or other online
services provided on this website).
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, or
usefulness of any message or information posted. The
contents of the postings do not represent the views of
SUNSET, its labels, or any person or property associated
with SUNSET, the SUNSET Online Services, this website, or
any other website in the SUNSET LABEL GROUP family of
websites. If you feel 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 website and/or the SUNSET Online
Services, that: (1) you will not use this website or any of
the SUNSET Online Services 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 this
website or any of the SUNSET ROnline Services provided
hereon (for example, by means of hacking or defacement); (3)
you will not post any copyrighted material on this website
or any of the SUNSET Online Services provided hereon unless
you own the copyright in and to such material; (4) you will
not post or transmit any information or software that
contains a virus, worm, timebomb, cancelbot, trojan horse 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 this website, the SUNSET Online Services,
or the contents of such website or services; and (7) you
will not impersonate any other individual or entity in
connection with your use of this website or any of the
SUNSET Online Services.
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 SUNSET and their agents with respect to any
claim based upon the transmission of your message(s) and/or
posting(s).
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
on the SUNSET websites and any related SUNSET Online
Services (including bulletin boards and chat rooms).
WARRANTY DISCLAIMER
SUNSET 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
WEBSITE. NEITHER SUNSET, 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 WEBSITE AND THE THIRD PARTY
SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON INFRINGEMENT. YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND THE
SUNSET ONLINE SERVICES.
SUNSET , 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 THIS
WEBSITE, THE SUNSET ONLINE SERVICES, OR ANY THIRD
PARTY SITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS
WEBSITE, THE SUNSET ONLINE SERVICES, AND/OR ANY THIRD
PARTY SITES IS TO STOP USING THE WEBSITE(S) CONCERNED AND/OR
THOSE SERVICES. SUNSET DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THIS WEBSITE, THE SUNSET ONLINE SERVICES AND/OR
ANY THIRD PARTY SITES WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR ANY
THIRD PARTY SITES, OR THE SERVERS THAT MAKE THEM AVAILABLE,
ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SUNSET DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS
ON THIS WEBSITE, THE SUNSET ONLINE SERVICES, OR ANY
THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY,
TIMELINESS, RELIABILITY, OR OTHERWISE. YOU (AND NOT SUNSET )
ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR,
OR CORRECTION OF ANY SUCH MATERIALS.
FOR THE AVOIDANCE OF DOUBT, SUNSET MAKES NO
REPRESENTATIONS OR WARRANTIES REGARDING HOW OFTEN THE
MATERIALS OR INFORMATION POSTED ON THIS WEBSITE 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 THIS WEBSITE.
VOID WHERE PROHIBITED
Although this website is accessible worldwide, not all
products or services discussed or referenced on this website
are available to all persons or in all geographic locations.
SUNSET 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 this website is void where
prohibited.
LICENSE TO SUNSET JAZZ RECORDINGS
By posting messages, uploading files, inputting data, or
engaging in any other form of communication through this
website, you are granting SUNSET 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, service mark,
or patent laws under any relevant jurisdiction.
MAKING PURCHASES
If you wish to purchase products or services described on this
website, 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. (Click here to see the SUNSET
privacy policy.)
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless SUNSET
and its affiliated companies, officers, directors,
employees, agents, licensors, and suppliers from and against
all losses, expenses, damages, and costs, including
reasonable attorneys' fees, resulting from any violation by
you of these Terms and Conditions. SUNSET reserves the
right to assume the exclusive defense and control of any
matter subject to indemnification by you.
LITIGATION ISSUES
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.
MISCELLANEOUS
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.
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. SUNSET
may modify the terms of this Agreement by posting notice of
such modification on the page of this website entitled
"Legal Notices" or "Legal Information" (or similar title)
before the modification takes effect.
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 SUNSET should
be notified of a possible online copyright infringement
involving any SUNSET website, please notify SUNSET 's
designated agent: Law Department, 1133 Broadway, Suite 708,
New York, NY 10010.
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.
