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Terms & Conditions
Revised - December 2010
BRAVURARECORDS.COM TERMS AND CONDITIONS
THIS IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND BRAVURARECORDS.COM (BR) STATING THE TERMS THAT GOVERN YOUR USE OF THE BR DIGITAL WEBSITE. TOGETHER WITH ANY UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES AND BR'S RELATED RULES AND POLICIES SHALL COLLECTIVELY CONSTITUTE THE AGREEMENT ("AGREEMENT") BETWEEN YOU AND BR TO AGREE TO THESE TERMS, CLICK "AGREE". IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE. IF YOU DO CLICK AGREE, YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE.
1. Your Information. You agree to provide accurate, current, and complete information to register with the BR download page. This will be the sole consideration for the free downloads. BR may terminate your rights to any or all downloads if any information you provide is false, inaccurate or incomplete. You agree that BR may store and use the Registration Data and Account Information you provide for use in our mailing list.
2. Age requirements for use of the download page. This download page is available for individuals aged 13 years or older.
3. User Account and Security.
a. Account and Password. As a registered user on the BR website, you are solely responsible for maintaining the confidentiality and security of your account. You should not reveal your account information required for download registration (your email address) to anyone else or use anyone else's account information. BR shall not be responsible for any losses arising out of the unauthorized use of your Account.
b. Security. You understand that the downloads on the BR website do not utilize any digital rights management or DRM. As such, you, the consumer, hereby agree to adhere to the laws of the protecting copyrighted intellectual property and shall refrain from illegally copying, selling or otherwise exploiting the material in any manner. Violations of US Copyright Law may result in civil and/or criminal liability.
4. Use of downloads.
a. You acknowledge that your use of the downloads is limited to your own personal use and the downloads shall not be commercially exploited by you in any way and is subject to BR's Usage Rules which you hereby agreed to.
b. Your use of the downloads is conditioned upon your prior acceptance of the terms of this Agreement.
c. You shall be authorized to use the downloads only for personal, noncommercial use. Any exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any content, sound recording, underlying musical composition, or artwork embodied in any download.
The delivery of downloads does not transfer to you any commercial or promotional use rights of the downloads.
e. All Rights Reserved. Any unauthorized broadcasting, public performance, copying, re-distribution, or re-recording will constitute an infringement of copyright. Permission is granted only to the original person downloading the file for personal use only. Commercial use is prohibited.
5. Intellectual Property.
a. Acknowledgement of Ownership. You agree that the BR website, including but not limited to graphics, audio clips, and editorial content, contains proprietary information and material that is owned by BR and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever in compliance with the terms of this Agreement. No portion of the BR website may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the BR website, or in any manner. You shall not exploit the BR website in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
b. Removal of BR Content or Other Materials. Notwithstanding any other provisions of this Agreement, BR and its licensors reserve the right to change, suspend, remove, or disable access to any such downloads, content or materials under this Agreement. BR may also impose limits on the use of or access to certain features or portions of the website, in any case without notice or liability.
c. Copyrights. All copyrights are owned by BR and/or its licensors. THE USE OF THE SOFTWARE EXCEPT FOR USE AS PERMITTED IN THESE TERMS, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
6. Termination of the downloads. BR reserves the right to modify, suspend, or discontinue the downloads (or any part or content thereof) at any time with or without notice to you, and BR will not be liable to you or to any third party should it exercise such rights.
7. No Responsibility for the third-Party Materiel or Web sites. Certain content and/or Products via the BR website may include materials from third parties. In addition, BR may provide links to certain third party websites. You acknowledge and agree that BR is not responsible for examining or evaluating the content or accuracy of any such third-party material or Websites. BR 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 or products of third parties. Links to other websites are provided solely as a convenience to you.
8. Disclaimer of Warranties; Liability Limitations.
a. BR DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE DOWNLOAD FUNCTION WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME, BR MAY REMOVE THE DOWNLOAD FUNCTION FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE DOWNLOADS AT ANY TIME,WITHOUT NOTICE TO YOU AND WITHOUT LIABILITY TO YOU.
b. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE DOWNLOAD FUNCTION IS AT YOUR SOLE RISK. ALL DOWNLOADS ARE DELIVERED TO YOU (EXCEPT AS EXPRESSLY STATED BY BR) "AS IS" AND "AS AVAILABLE" FOR YOUR USE WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
c. IN NO CASE SHALL BR, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FORM YOUR USE OF ANY OF THE DOWNLOADS OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE DOWNLOADS, INCLUDING BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE DOWNLOADS, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY THIS CLAUSE SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
d. INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE DOWNLOADS IS SUBMITTED AT YOUR SOLE RISK, AND BR HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
e. BR DOES NOT REPRESENT OR GUARANTEE THAT THE DIGITAL STORE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND BR DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.
9. Waiver and Indemnity. BY USING THE DOWNLOADS OFFERED ON THE BR WEBSITE, YOU AGREE TO INDEMNIFY AND HOLD BR, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF OUR BREACH OF THIS AGREEMENT OR ANY ACTION TAKEN BY BR AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION FOR THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM BR, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE THE DOWNLOADS OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF BR's CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
10. Changes. BR reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the downloads. Such updates, revisions, supplements, modifications, and additional, rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the BR downloads after Additional Terms are hereby incorporated into this Agreement is by this reference.
11. Notices. BR may send you email messages to the email address listed in your BR contact information.
12. Governing Law. The laws of the State of California, excluding its conflicts of law and rules, govern these Terms and your use of the offered downloads. Your use of the downloads may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with BR or relating in any way to your use of the downloads resides in the courts of the State California.
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