(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 TROPICAL RECORDS, LLC. References to "TROPICAL RECORDS", "TROPICAL" Online
Services", or "this website" shall also be deemed to be
references to TROPICAL RECORDS LABEL GROUP Music Entertainment
Distribution Company.
TROPICAL RECORDS PROVIDES ACCESS TO THIS WEBSITE AND ANY
RELATED SERVICES PROVIDED HEREON (THE "TROPICAL RECORDS ONLINE SERVICES") SUBJECT TO YOUR COMPLIANCE WITH THE
FOLLOWING TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS
CONSTITUTE AN AGREEMENT BETWEEN YOU AND TROPICAL RECORDS ("AGREEMENT") THAT GOVERNS THE RELATIONSHIP BETWEEN YOU AND
TROPICAL RECORDS WITH RESPECT TO YOUR USE OF THIS WEBSITE
AND THE TROPICAL 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 TROPICAL 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 TROPICAL 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
TROPICAL 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 TROPICAL,
its labels, or any person or property associated with TROPICAL, the
TROPICAL Online Services,
this website, or any other
website in the TROPICAL 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 TROPICAL Online Services, that: (1) you will not use this website
or any of the TROPICAL 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 TROPICAL 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 TROPICAL 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 TROPICAL 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 TROPICAL 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 TROPICAL 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 TROPICAL websites and any related TROPICAL
Online Services (including bulletin boards and
chat rooms).
WARRANTY DISCLAIMER
TROPICAL 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 TROPICAL, 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
TROPICAL ONLINE SERVICES.
TROPICAL , 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 TROPICAL ONLINE SERVICES, OR ANY THIRD
PARTY SITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS
WEBSITE, THE TROPICAL ONLINE SERVICES, AND/OR ANY THIRD
PARTY SITES IS TO STOP USING THE WEBSITE(S) CONCERNED AND/OR
THOSE SERVICES. TROPICAL DOES NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE, THE
TROPICAL 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. TROPICAL
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE
OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS WEBSITE,
THE TROPICAL ONLINE SERVICES, OR ANY THIRD PARTY
SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS,
RELIABILITY, OR OTHERWISE. YOU (AND NOT TROPICAL )
ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR,
OR CORRECTION OF ANY SUCH MATERIALS.
FOR THE AVOIDANCE OF DOUBT, TROPICAL 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.
TROPICAL 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 TROPICAL RECORDS
By posting messages, uploading files, inputting data, or
engaging in any other form of communication through this
website, you are granting TROPICAL 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 TROPICAL privacy policy.)
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless TROPICAL 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. TROPICAL 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. TROPICAL
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 TROPICAL RECORDS should
be notified of a possible online copyright infringement
involving any TROPICAL RECORDS website, please notify
TROPICAL RECORDS, LLC., 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.