We reserve the right, in our sole discretion, to modify these Terms and any Service fees, at any time, effective upon the date we post a new set of Terms on the Service site. Your continued use of the Service constitutes your binding acceptance of these Terms, including any changes or modifications that we may make. If any part of these Terms or any future changes to these Terms are not acceptable to you, you may cancel your Service by contacting us through our support form. We also reserve the right, in our sole discretion, to restrict, suspend or terminate your access to all or to any part of the Service at any time for any reason without prior notice or liability. We may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any Service feature, database, or content, without prior notice or liability. We reserve the right to remove any material that you submit to the Service for any reason without prior notice to you and without liability to us. Our goal is to ensure timely processing services; however, we do not guarantee that your submission will be processed within the expected time frame. We will not have any liability to you as a result of service outages that are caused by our maintenance on the servers or the technology that underlies the Service, failures of our service providers (including telecommunications, hosting and power providers) computer viruses, natural disasters or other destruction or damage of our facilities, an act of God, war, civil disturbance or other cause beyond our reasonable control.
Under no circumstances shall ArticalMotion its associates/affiliates or its contractors be liable for any direct, indirect, incidental, special, punitive or consequential damages that may result in any way from your use or inability to use the information provided on this or any other web site supported or maintained by ArticalMotion or from your reliance on or use of information, services or merchandise provided on or through the web site or that result from mistakes, errors, omissions, interruptions, defects, deletion of files, delays in operation or transmission or any failure of performance. Each item purchase is purchase by you “AS IS,” and no merchandise return or cash refund will be awarded by ArticalMotion and its affiliates. ArticalMotion its associates/affiliates or its contractors will not be liable for the authentication of any item purchase; items, especially from the garage sale section of this website. Each item will be purchased by you “AS IS.” Shipping and Handling will be added to items purchase or items that are free and need to be delivered by mail. State tax will also be added on each item purchase. If you are dissatisfied with the information provided on this web site, or with any of the practices of ArticalMotion in the operation of this web site, you can share it with us so we can evaluate your issue for improvement of the website or your sole and exclusive remedy is to discontinue using the web site.
By submitting material to the Service, you represent and warrant that: We, our customers and licensees shall not be required to make any payments with respect to material that you submit to our sites, including, but not limited to, payments to you, third parties, music publishers, mechanical rights agents, performance rights societies, persons who contributed to or appear in your materials, your licensors, unions or guilds; You have full right and power to enter into and perform under these Terms, and have secured all third-party consents, licenses and permissions necessary to enter into and perform under these Terms, The material that you submit to our sites does not contain “samples” of any third party’s sound recording or musical composition and will not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy or moral rights; The material that you submit is not and will not violate any law, statute, ordinance or regulation; The material that you submit is not and will not be defamatory, trade libelous, pornographic or obscene, and You are at least eighteen years of age. By submitting sound recordings or musical compositions or other audio and/or audio-visual content to us, you grant us, our affiliates, and our business partners a worldwide, royalty-free, nonexclusive license to:
- publicly perform, publicly display, broadcast, encode, edit, alter, modify, reproduce, transmit, manufacture, distribute and synchronize with visual images your material, in whole or in part, alone or in compilation with content provided by third parties, through any medium now known or hereafter devised for the purpose of demonstrating, promoting or distributing your material, to users seeking to download or otherwise acquire it and/or (ii) storing the work in a remote database accessible by users;
- Make your material accessible as audio and/or video streams;
- Use any trademarks, service marks or trade names incorporated into your material and use the likeness of any individual whose performance or image is contained in your material.
Protect your password and subscription
You agree to provide true, accurate, current and complete information about yourself as requested in the Service’s registration process and to update your information. You may not reveal your subscription password to anyone else and you may not use anyone else’s password. You are responsible for maintaining the confidentiality of your subscription account and password. Unauthorized access to the Service is a breach of these Terms and a violation of the law.
Requests for removal of listings
If you believe that material you own has been copied and made accessible in a manner that violates your intellectual property rights, please notify us immediately. We will consider such requests individually.
Third party sites and content
This Service contains links to other Internet sites that our business partners and other third parties own or operate. Your use of each of those sites is subject to the terms and conditions, if any, that each of those sites have posted. We have no control over third party sites and we are not responsible for any changes to or content on them. Our inclusion of any material in the Service’s search database or a link on our sites is not an endorsement of that material or link or the companies that own or operate the material or linked sites.
Your conduct on the Service
In addition to our Site, certain material that you submit may, in our sole discretion, also become available to certain partners around the world. If we discover that you have manipulated the data or statistics for certain materials, we reserve the right to remove the product from our site and any of our Affiliates. The content on the Service is intended for your personal, noncommercial use. All materials published on the Service, including, but not limited to, photographs, graphics, images, illustrations, sound clips and flash animation are protected by copyright. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform display or in any way exploit any of the materials or content or the service in whole or part. If the Service contains bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the “Forums”), you agree to use any Forum only to send and receive messages and material that are proper and related to that particular Forum. Without limiting the foregoing, you agree that you will not (i) defame, abuse, harass, stalk, threaten or otherwise violate the legal right of others; (ii) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; (iii) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person’s computer; (iv) advertise or offer to sell any goods or services for any commercial purpose; (v) conduct or forward surveys, contests, pyramid schemes or chain letters; (vi) download any file posted by another user of a forum that you know or reasonably should know, cannot be legally distributed in such matter, (vii) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; or (viii) restrict or inhibit any other user from using and enjoying the forum. We reserve the right to terminate your access to any or all of the forums at any time without notice for any reason whatsoever. If, in our sole discretion, you choose a username that is obscene, indecent, abusive or which might otherwise subject our site to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from the Forums, deny you access to the Forums, or any combination of these options. If you continue to choose usernames that we find objectionable, we reserve the right to permanently terminate your access to the Forums, the Service or both. You will not use the Service for illegal purposes. Use of the Service is subject to existing laws and legal process, and nothing contained herein shall limit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use.
Legal Policies and Notices
You hereby agree to indemnify, defend and hold the Service, and all of our officers, directors, owners, agents, information providers, affiliates and licensors (collectively, the “Parties”) harmless from and against any and all liability, losses, costs and expenses (including attorneys’ fees) incurred by any Party in connection with any claim arising out of (1) any use or alleged use of your account or password by any person, whether or not authorized by you, (2) any claim arising out of the material that you submit to the Service, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, trademark infringement and any claim or liability relating to the content, quality, or performance of materials that you submit to the Service. 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 in such case, you agree to cooperate with our defense of such claim. The listing, or absence of listing, of any document in the Service’s search database does not imply any warranty or guarantee by us, for any companies, products, or services described in such documents. We disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Service’s search results. We disclaim any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the World Wide Web or Internet using search results from the Service. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE RESERVE THE RIGHT TO TERMINATE THE SERVICE AT ANY TIME WITHOUT NOTICE. Any controversy or claim arising out of or relating to these Terms or our sites will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in San Francisco, California necessary to protect the rights or property of you or the Party (or its agents, suppliers, and subcontractors) pending the completion of arbitration. These Terms constitute the entire agreement between you and the Parties with respect to the Service, and supersedes all previous written or oral agreements. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, our liability and that of our third party content providers and their respective agents shall be limited to the greatest extent permitted by law.