Kelsey Records – Terms and Conditions

Kelsey Records provides access to this website and any related services provided hereon subject to your compliance with the following terms and conditions. These terms and conditions constitute an agreement between you and Kelsey Records that governs the relationship between you and Kelsey Records with respect to your use of this website and any other Kelsey Records online services. It is, therefore, important that you read carefully and understand the following:

Terms and Conditions

Trademark and Copyright

All material on this website, including but not limited to text, data, graphics, logos, button icons, images, audio clips, video clips, links and digital downloads is owned, controlled by or licensed to Kelsey Records and is protected by copyright, trademark and other intellectual property rights. Material on this website is made available to you 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 any other electronic means, without the express prior written consent of Kelsey Records in each instance. You may download material intentionally made available for download from this website for personal, non-commercial use only, provided that you keep intact any and all copyright and other proprietary notices that may appear on such materials.

Unsolicited Materials

We do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the site, by e-mail or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or any other materials submitted or sent to us will be deemed not to be confidential or secret and may be used by us in any manner consistent with our privacy policy. By submitting or sending materials to us, you affirm that;

(a) the submitted materials are original to you, that no other party has any rights thereto and that any moral rights in the submitted materials have been waived; and

(b) you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed.

We cannot be responsible for maintaining any submitted material that you provide to us, and we may delete or destroy any such submitted material at any time.

User Conduct

You warrant and agree that, while using this site, you shall not upload, post or transmit to this site, or distribute or otherwise publish through this site, any materials that:
(a) are protected by third party copyright, or other proprietary or intellectual property right;
(b) are unlawful, threatening, hateful, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy or publicity rights, harassing, profane, obscene, vulgar or that contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals);
(c) restrict or inhibit any other user from using and enjoying this site;
(d) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; or
(e) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.
You also warrant and agree that you shall not:
(a) impersonate any person or entity or misrepresent your affiliation with any other person or entity;
(b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through this site for commercial purposes (other than as expressly permitted by the provider of such information or other material);
(c) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information, or send chain letters or pyramid schemes via this site; or
(d) attempt to gain unauthorized access to other computer systems through this site. You agree that you will not use this site in any manner that could damage, disable, overburden, or impair this site or interfere with any other party's use and enjoyment of this site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this site.
Although Kelsey Records may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on this site, Kelsey Records is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations on this site nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on this site.
You agree that if you include a link from any other website to this site, such link shall open in a new browser window. You agree not to link from any other website to this site in any manner such that this site, or any page of this site, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve the right to revoke your right to link to this site from your website at any time upon written notice to you.
You agree to defend, indemnify and hold Kelsey Records and its employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable lawyers' fees, arising in any way from your use of this site, your placement or transmission of any message, content, information, software or other materials through this site, or your breach or violation of the law or of these Terms and Conditions. Kelsey Records reserves the right, at its 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 Kelsey Records’ defense of such claim.

Orders for Products and services

We may make certain products available to visitors to this site; for example, music related products and/or licenses. These are only available to you if, you agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to Kelsey Records. You agree to pay all taxes. If payment is not received by us from your credit/debit card issuer or its agents, you agree to pay all amounts due, in full, upon demand by us.

Third Party Websites

Third party websites are made available to you via links from this site. Kelsey Records accepts no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through linked sites. Links to third party sites do not constitute an endorsement of said sites.

Disclaimer of Warranties

This site, including, without limitation, all services, content, functions and materials is provided as is, without warranty of any kind, either expressed or implied, including, without limitation, any warranty for information, data, data processing services, uptime or uninterrupted access, any warranties concerning the availability, accuracy, usefulness or content of information and any warranties of title, non-infringement, merchantability, or fitness for a particular purpose and we hereby disclaim any and all such warranties, express and implied. We do not warrant that this site or any of the services, content, functions or materials contained therein will be timely, secure, uninterrupted or error free, or that defects will be corrected. We make no warranty that this site will meet users’ requirements. No advice, results or information, whether oral or written, obtained by you from us or through this site shall create any warranty not expressly made herein. Kelsey Records also assumes no responsibility and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing of this site or your downloading of any materials, data, text, images, video or audio from this site. If you are dissatisfied with this site, your sole remedy is to discontinue using this site.
Without limitation of the above in this section, Kelsey Records and its suppliers and licensors make no warranties or representations regarding any products or services ordered or provided via this site and hereby disclaim, and you hereby waive, any and all warranties and representations made in product or services literature or otherwise on this site or in correspondence with Kelsey Records or its agents. Any products and services ordered or provided via this site are provided by Kelsey Records as is except to the extent, if at all, otherwise set forth in a license or sale agreement separately entered into in writing between you and Kelsey Records or its licensor or supplier.

Limitation of Liability

In no event shall Kelsey Records or any of its employees, representatives, content or service providers or agents be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from or related directly or indirectly to the use or the inability to use this site or the content, materials and functions related thereto or lost business or lost sales, even if such protected entity has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so the above limitations may not apply to certain users. In no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through this site. In no event shall the total aggregate liability of Kelsey Records or any of its employees, representatives, content or service providers of agents to you for all damages, losses, and causes of action, whether in contract or tort, including but not limited to negligence or otherwise, arising from the terms and conditions of your use of this site, exceed, in aggregate, the amount, if any, paid by you to Kelsey Records for your use of this site

Changes to the Website

Kelsey Records reserves the right to change, terminate or discontinue any aspect of this website including but not limited to, content, policies, or availability, at our sole discretion and at any time.

Copyright © 2010 Kelsey Records