ACCESS TO AND USE OF THE DOPETRACKS.COM
WEBSITE IS PROVIDED SUBJECT TO THESE TERMS AND CONDITIONS ("Agreement").
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY.
This Agreement is a legally
binding agreement between YOU ("You", "Your", or "Yourself")
and Dopetracks, LLC ("Dopetracks", "We", or "Our"). By checking
the appropriate box indicating that You agree during registration or
otherwise accessing the Dopetracks website, services, software or materials
("Services"), You are indicating that You have read this Agreement,
that You understand it, and that You consent to be bound by all of its
Terms and Conditions for all past, present, and future uses of the Services.
1. Description
The Services allows You and
other users of the Services (Users) to upload self produced music ("User
Supplied Content"). In addition, You and other Users can record
vocals/lyrics/content in real-time over User Supplied Content. However,
Doperacks does not provide any internet connectivity services, nor does
Dopetracks provide any computer equipment for You or Users. You are
entirely responsible for securing and paying for any such services and
equipment, and for ensuring that such services and equipment meet the
minimum requirements for the use of the Services. Dopetracks does not
make the Services available to anyone under the age of thirteen (13).
Any minor between the ages of thirteen (13) and seventeen (17) years
old may not sign up for themselves; those aforementioned minors must
have an adult parent or guardian sign up on their behalf. You represent
that You are a "natural person" older than the age of majority in
the country of which You are a citizen. You agree to this Agreement,
and all its terms and conditions, on behalf of yourself and, at Your
discretion, on behalf of a minor child over the age of thirteen (13)
for whom You are a parent or a guardian and who You have authorized
to use the account You create for the Services. Parents and guardians
of Users under the age of majority will be responsible for their minor
User s use of the Service and any violation of this Agreement. Except
as otherwise agreed upon by Dopetracks, You will only use the Services,
solely, for Your personal and non-commercial use.
2. Accounts
You may establish one (1) User
account (the "Account") per email address you supply to Dopetracks.
You may not share the Account with anyone, except that if You are a
parent or guardian, You may permit one (1) minor child over the age
of 13 to use the Account when not in use by You. You are liable for
all uses of the Account. Notwithstanding anything to the contrary herein,
You acknowledge and agree that You shall have no ownership or other
property interest in the Account, and You further acknowledge and agree
that all rights in and to the Account (including but not limited to
any Materials ((defined below) and the unique User name) are and shall
forever be owned by Dopetracks.
3. Registration
During the registration process
prior to using the Services, You may be requested to provide certain
information (e.g. your birthdate, gender, zip code, name, e-mail address,
country or territory of residence, and for paid services, credit card
and billing information, such as your telephone number), and You agree
to provide true, accurate, current and complete information about Yourself
as prompted by such process (such information being "Personal Information").
If You open an Account, and any of Your Personal Information changes
(e.g., new credit card number, expiration date, new address or email
address, new phone number, etc.), You must update that information in
Your Account. In order to use certain features of the Services, You
may be requested to provide additional information, such as (by way
of example) Your instant messenger user/screen name, which Dopetracks
will also treat as Personal Information. Dopetracks will use Your Personal
Information in accordance with its then-current privacy policy. Please
review this privacy policy before You complete the purchase or registration
process or attempt to use or access the Services. The User name that
You select must comply with the requirements for other User Supplied
Content, and such other policies for User names that Dopetracks may
publish from time to time. You agree that You will not allow others
to use Your User name, password (to the extent a password is required
to access the Services) and/or Account. You agree to indemnify and hold
Dopetracks , its partners, parent, subsidiaries, affiliates, agents,
distributors, contractors and licensors (collectively the "Dopetracks
Affiliates"), harmless for any improper, unauthorized or illegal uses
of your User name, password and/or your Account. This includes illegal,
unauthorized or improper use by anyone to whom you have given permission
to use your User name, password and/or Account.
4. Materials
The Services may require that
Your browser run certain software (in the form of browser plugins or
controls) that Dopetracks will provide. That software, and all new versions,
updates, upgrades, bug fixes, modifications and derivative works that
Dopetracks may make available from time to time are referred to collectively
as the "Software." All Software, music, tracks, designs, text, images,
photographs, illustrations, audio clips, video clips, artwork, graphic
materials, other copyrightable elements, and the selection and arrangements
thereof, and all trademarks, service marks, trade dress, trade names,
logos and designs and all intellectual property rights therein, provided
by Dopetracks via the Services (collectively the "Materials")
are the property of Dopetracks and/or its business partners, affiliates,
assigns, licensors or other respective owners and are protected by intellectual
property laws, including without limitation, U.S. and international
patent, copyright and trademark laws. Dopetracks may include in some
Materials or in conjunction with your User Supplied Content third party
advertisements that appear or are played when those Materials or User
Supplied Content are viewed. You hereby consent to the display and playback
of these advertisements in conjunction with Your User Supplied Content.
To the extent You elect to use or access Dopetracks Materials or User-Supplied
Content from other Users, You also consent to the display of advertisements
in those Materials and that User Supplied Content.
Dopetracks will actively and
aggressively enforces its intellectual property rights to the fullest
extent of the law. Subject to this Agreement, You may not modify, copy,
reproduce, publish, upload, post, distribute, transmit or in any way
exploit any Materials from this site, including code and software. Without
limiting the generality of the foregoing, unless expressly authorized
you may not distribute any part, feature or element of this site over
any network, including a local area network, nor sell nor offer it for
sale. This site (including, but not limited to, text, content, photographs,
graphics, video, and audio content) is protected under the copyright
laws of the United States and other countries and under international
law. ANY UNAUTHORIZED PRESENTATION, MODIFICATION OR RECASTING OF THIS
SITE IS EXPRESSLY PROHIBITED.
5. License
Subject to all of the terms
and conditions of this Agreement, Dopetracks hereby grants You a personal,
limited, non-exclusive, non-transferable, revocable right to (a) view
or play back Materials on, Your compatible computer or device, (b) to
make a derivative work of music and/or tracks solely by means of recording
a personalized rendition thereof and/or synchronizing video or images
with such music and/or tracks, and (c) to upload the derivative works
You make solely to your Dopetracks Account, all of the above solely
for Your own non-commercial use on your computer in connection with
the Services and solely as authorized by Dopetracks in connection with
the Services. Dopetracks reserves the right to revoke this limited license
at any time in its entirety or with respect to any music, tracks and/or
any Materials, for any reason, and at the sole discretion of Dopetracks.
Subject to all of the terms and conditions of this Agreement, Dopetracks hereby grants You a personal, limited, non-exclusive, non-transferable and revocable license to use for noncommercial personal use the Software and other Materials provided in the form and format that Dopetracks provides such Materials. To the extent that Dopetracks provides Materials for download (the "Downloaded Materials"), You must include or maintain all copyright, trademark and other notices contained or associated with such Downloaded Materials. You acknowledge and agree that You may not sublicense, assign or otherwise transfer this license or the Downloaded Materials and that no title to the Downloaded Content has been or will be transferred to You from Dopetracks or anyone else. We reserve the right to revoke this limited use license at any time, for any reason, and at the sole discretion of Dopetracks.
All rights not expressly granted
to You are reserved. To be clear, Your use of the Services and the Materials
(including, but not limited to, the music and/or tracks) is under license
and will terminate if this Agreement terminates, regardless of whether
the relevant Service or Materials is free or You have paid for it; You
will not obtain any ownership interest in any Materials (including,
but not limited to, the tracks and/or songs) through this Agreement
or otherwise.
6. Usage
You agree not to use, download,
reproduce, modify, create derivative works from, display, perform, publish,
distribute, disseminate, transmit, broadcast or circulate any Materials
(including, but not limited to the music and/or tracks) to any third
party, except as expressly authorized by Dopetracks in connection with
the Services. The source code and/or object code to the Materials contains
confidential and trade secret information belonging to Dopetracks and
its licensors, and You shall at all times take reasonable steps to protect
the confidentiality of such information. You further agree that you
will not disassemble, decompile or reverse engineer the Materials (except
to the extent that this restriction is expressly prohibited by law,
and then only upon providing Dopetracks with prior written notice and
opportunity to respond). Any unauthorized or prohibited use may subject
the offender to civil liability and criminal prosecution under applicable
federal and state laws.
As between You and Dopetracks,
Dopetracks owns all elements of the Account. Except as specifically
permitted and enabled within the Services, You may not transfer your
Account, or any component of your User Supplied Content to any other
person. Through the use of the Services You may not impair or violate
the rights of Dopetracks or any other party with respect to trademarks,
logos, or other intellectual property or rights. You may not display
or perform Materials or User Supplied Content in a manner or in a context
that is, in Dopetrack s sole discretion, unlawful, misleading, defamatory,
infringing, libelous, disparaging, obscene, an endorsement of any unrelated
product or service, an unauthorized parody, or otherwise objectionable.
7. Sharing Content
Certain portions of the Services allow Users to upload and share User Supplied Content with each other and with other third parties. Dopetracks takes no responsibility and assumes no liability for any User Supplied Content that You or any other Users or third parties post or send over the Services. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Supplied Content that You upload, download, stream, post, transmit, display, or otherwise make available or access through Your use of the Services, is solely Your responsibility.
When You use the Services, You become a participant in an online community of people who enjoy sharing their User Supplied Content and Materials. In order for Dopetracks to make Your User Supplied Content available to You and the rest of the community, Dopetracks needs the rights to make use of Your User Supplied Content on the Services. Accordingly, as a condition to Your use of the Services, You hereby grant Dopetracks a non-exclusive, royalty-free, worldwide, perpetual, transferable, assignable, and sublicenseable license to reproduce, copy, publicly display, publicly perform, make derivative works, distribute, transmit, and otherwise use the User Supplied Content in all contexts, formats and media, now in use and/or those mediums now not known or invented but put in use in the future, solely to provide and market the Services. If you desire Dopetracks to remove your User Supplied Content from the Services, please delete it as specified in the Services. However, we cannot guarantee that Your User Supplied Content will be completely removed from Dopetracks, nor from all User devices, nor that other Users will not misuse any content that You supply. In particular, You should be aware that You will not be able to delete any contributions You may make to any forums, chat rooms, or other venues sponsored by Dopetracks. Please contact our Copyright Agent as described below if You believe that your rights are being infringed. Dopetracks is not responsible for any misuse of Your User Supplied Content.
When posting, uploading or otherwise communicating any User Supplied Content through the Services, You hereby represent and warrant, now and in the future, that: (i) You own, otherwise control, or have the necessary licenses, rights, consents, and permissions all necessary rights to so use the User Supplied Content, Your grant of the above license in the User Supplied Content, and its use in connection with the Service, does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights, rights of publicity and privacy, and you have the written consent, release, and/or permission of each and every identifiable individual person in the Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Content in the manner contemplated by the Services and this Agreement; (ii) Your User Supplied Content is not illegal, abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate or harmful to any person (including any minor) or entity; (iii) Your User Supplied Content contains no viruses, worms, corrupt files, Trojan horses, or other forms of corruptive code, or any other content which may compromise the Services; (iv) Your User Supplied Content does not advocate illegal activity; and (v) Your User Supplied Content does not link to or promote any prohibited content or activity. You hereby agree to indemnify and hold harmless Dopetracks and Dopetracks Affiliates from any and all claims resulting from any User Supplied Content that You supply. Dopetracks neither endorses nor is responsible for the accuracy or reliability of any content, opinion, advice, information, or statement made on or in connection with the Services by anyone other than authorized Dopetracks employees acting in their official capacities.
Further, You acknowledge and
agree that Dopetracks may access, review, store, reproduce and/or disclose,
as applicable, any User Supplied Content if required to do so, or if
Dopetracks has a good faith belief that it is required, by law, court
orders or other legal processes, to enforce this Agreement, to respond
to any claims that such User Supplied Content (or your use of the same)
violates any third party's rights, or to protect the rights, property
or personal safety of Dopetracks, its business partners, affiliates,
licensors and/or licensees, any other User, or the general public.
Furthermore, You hereby grant
Dopetracks a non-exclusive, royalty-free, worldwide, perpetual, transferable,
assignable, and sublicenseable license of You name, voice, likeness,
and image for advertising and trade without compensation, unless prohibited
by law.
8. Conduct
You may not: (i) post any User
Supplied Content that is illegal, abusive, deceptive, pornographic,
obscene, defamatory, slanderous, offensive, or otherwise inappropriate
or harmful to any person (including any minor) or entity; (ii) sell,
rent, lease, or otherwise assign any rights to any Materials or Services
to any third party; (iii) remove any proprietary notices or labels on
the Materials or Services; (iv) use the Materials or Services in conjunction
with any device or service designed to circumvent technological measures
employed to control access to, or the rights in, any content protected
by the copyright laws of any jurisdiction; (v) use the Materials or
Services for any commercial or illegal purpose or to harm minors in
any way; (vi) use the Materials or Services to invade the privacy of,
or obtain personal information about, any User, or to obtain a list
of Users, or to access or use any User s User Supplied Content in
a manner not specifically authorized by such User; (vii) except as expressly
permitted by Dopetracks, copy, modify, erase or damage any Materials
or information contained on any Dopetracks or third party servers; (viii)
use the Materials or Services to violate any law or legal right of any
third party, including any publicity or privacy right, copyright, other
intellectual property right, or any contractual, fiduciary or confidentiality
obligation or duty, or to take any action that is harassing, libelous,
defamatory, abusive, tortious, threatening, harmful or otherwise objectionable;
(ix) use the Materials or Services to post or transmit any unsolicited
advertising, campaigning or promotional materials or to send any Materials
from an anonymous or false address; (x) access or use any password protected,
secure or non-public areas of the Services except as specifically authorized
in writing by Dopetracks (unauthorized individuals attempting to access
these areas of the Services may be subject to prosecution); (xi) distribute
any software viruses or other computer code designed to interfere with
the functionality of the Services or any computer systems, software
or hardware; (xii) use any data mining, robots, or similar data gathering,
spoofing, or extraction tools in connection with the Materials and/or
Services; (xiii) mislead other Users or third parties as to Your identity
or to the origin of a message or content; or (xiv) frame or link to
the Services or Materials except as expressly permitted in writing by
Dopetracks.
9. Offensive Content
Dopetracks has the right, but
not the obligation, to monitor, modify and/or remove any Materials and/or
User Supplied Content in the Services. Dopetracks may monitor, modify
and remove any Materials and/or User Supplied Content in its sole discretion.
Dopetracks is not responsible to You for any content or materials constituting
all or part of any Materials, any User Supplied Content, or any other
aspect of the Services that You might find offensive. By viewing the
Service, You may be exposed to content that you consider offensive.
You take sole responsibility for such exposure.
10. Agreement Modifications and Changes
Dopetracks reserves the right,
at Dopetracks sole discretion, to change, modify or otherwise alter
these terms and conditions at any time. Such changes and/or modifications
shall become effective immediately upon posting. Please review the terms
and conditions periodically. If You do not agree to be bound by (or
cannot comply with) the Agreement as amended, Your only remedy is to
cancel Your Dopetracks Account and to cease using the Services. You
will be deemed to have accepted the Agreement as amended thirty (30)
days after the amended agreement is posted if You continue to use the
Services. All other terms of this Agreement will continue in effect.
11. Notices
Dopetracks may provide You
with any notices under this Agreement by means of a posting on the Services,
by e-mail, or by sending a message to You through the Services.
12. Belief of Copyright Infringement
Unauthorized copying or distribution of copyrighted Materials or User Supplied Content is an infringement of the copyright holder's rights. At our discretion and in appropriate circumstances, Dopetracks may revoke the license of Users who infringe upon the copyright, or other intellectual property rights, of others. If you are lyricist or other copyright holder who believes that Dopetracks Services is hosting or linking directly to infringing copies of your work, please let us know. Pursuant to 17 United States Code 512(c)(2), our designated agent for notice of alleged copyright infringement on the Service is:
Attn: Copyright Agent
Dopetracks, LLC
7710 Haskell Ave.
Studio Suite.
Van Nuys, CA 91406, United States of America
abuse@dopetracks.com
Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement related to the Service must be a written communication addressed to the designated agent as set forth above, and must include substantially all of the following:
A. A physical or electronic
signature of the owner (or person authorized to act on behalf of the
owner) of an exclusive right that is allegedly infringed;
B. Specific identification of the copyrighted work claimed to have
been infringed, or if multiple copyrighted works are covered by a single
notification, a list of each copyrighted work claimed to have been infringed;
C. Information related to the work(s) reasonably sufficient for Dopetracks
to promptly locate the work (e.g. title of work, location within the
Services, etc.);
D. Information reasonably sufficient to permit Dopetracks to directly
contact the complaining party, such as a complete name and address,
telephone number, and an email address;
E. A statement that the complaining party has a good Dopetracks belief
that use of the work(s) in the manner complained of is not authorized
by the copyright owner, its agent, or the law;
F. A statement requesting that Dopetracks take a specific act with
respect to the alleged infringement (e.g., removal, access restricted
or disabled); and
G. A statement that the information in the notification is accurate,
and under penalty of perjury, that the complaining party is authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed.
Upon receiving Your complaint,
Dopetracks may, in its sole discretion, remove material that You believe
infringes Your copyright or other intellectual property. In addition,
Dopetracks may terminate the account of the User whose Content appears
to be infringing your intellectual property rights.
13. Advertising and Promotions
Dopetracks and/or Dopetracks
Affiliates or its business partners may present advertisements and promotional
materials on or through the Services. Your participation in any Dopetracks
promotional event is subject to the terms and conditions associated
with that event. Your correspondence or business dealings with, or participation
in promotions of, any third-party advertisers on or through the Services,
including payment and delivery of related goods or services, and any
other terms, conditions, warranties or representations associated with
such dealings, are solely between You and such third-party. You agree
that neither Dopetracks nor Dopetracks Affiliates or its business partners
shall be responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings or as the result of the presence
of such third parties on the Services.
14. Links to Third Party Sites
The Services may present links
to retailers and/or other third-party websites not owned or operated
by Dopetracks. Neither Dopetracks nor Dopetracks Afifliates or its business
partners are responsible for the availability of these outside sites
or their contents. You understand and agree that neither Dopetracks
nor Dopetracks Affiliates or its business partners are responsible or
liable, directly or indirectly, for any damage or loss caused or alleged
to be caused by or in connection with Your use of or reliance on any
content of any such site or goods or services available through any
such site or from any such advertiser. You should direct any concerns
regarding these third-party sites to those sites' administrators.
15. Changes to Services and/or Materials
Dopetracks may, without liability
or obligation, in its sole discretion and at any time: (i) make modifications
or changes to, or discontinue, any Materials and/or the Services, including
deleting any Downloaded Materials we may have placed on Your computer,
with or without providing You with notice (except as we may expressly
agree to provide You with notice elsewhere in this Agreement); and/or
(ii) require You to use modified Materials and/or Services (e.g. Software
updates) in order to have continued access to the Services and/or Materials.
The changes and/or modifications may result in certain Materials being
unavailable, or incompatible with certain devices. Other Users may similarly
delete or cease offering their User Supplied Materials at any time without
notice. Upon Dopetracks giving You notice, You shall promptly cease
the use of, and destroy, all copies of any specified Materials, or otherwise
modify your usage as directed by Dopetracks. You agree that neither
Dopetracks nor the Dopetracks Affiliates shall be liable to You or to
any third party for any modification, suspension or discontinuance of
the Services or Materials.
16. Freeze or Termination of Services
Dopetracks may, in its sole discretion, terminate this Agreement or freeze Your Account at any time with or without notice to You in the event that you breach (or Dopetracks reasonably suspects that you have breached) any provision of this Agreement. If Dopetracks terminates this Agreement, or freezes Your Account for any of the reasons set forth in this paragraph, Dopetracks shall have no liability or responsibility to You, and You agree that You forfeit any amounts You have paid Dopetracks. Dopetracks may terminate this Agreement and Your Account for any reason or no reason by providing notice to You.
You may cancel Your Account at any time by contacting accounts@dopetracks.com
Upon termination of this Agreement
for any reason, all of Your rights to use the Services and materials
shall immediately terminate, and You shall immediately cease using and
destroy all Materials.
17. Remedies Available
You understand and agree that
any unauthorized use of the Services and/or the Materials would result
in irreparable injury to Dopetracks and/or the Dopetracks Affiliates
for which money damages would be inadequate, and in such event Dopetracks
and the Dopetracks Affiliates, shall have the right, in addition to
other remedies available at law and in equity, to immediate injunctive
relief against You. Nothing contained in this paragraph or elsewhere
in this Agreement shall be construed to limit remedies or relief available
pursuant to statutory or other claims that Dopetracks and the Dopetracks
Affiliates may have under separate legal authority, including but not
limited to, any claim for intellectual property infringement. You understand
and agree that Your cancellation of your Account is Your sole right
and remedy with respect to any dispute with Dopetracks.
18. Indemnity
You agree to indemnify, and
hold harmless, Dopetracks, Dopetracks Affiliates, and each of their
respective officers, directors, employees, agents, licensors, representatives,
and third party providers from and against all claims, actions, demands,
causes of action, and other proceedings, and all losses, expenses, fees,
fines, damages and costs, including reasonable attorneys' fees and court
costs, arising out of or relating to Your breach of this Agreement or
improper use of the Services and/or Materials. Dopetracks reserves the
right to assume, at its sole expense, the exclusive defense and control
of any matter subject to indemnification by You, in which event You
will fully cooperate with Dopetracks in asserting any available defenses.
19. Warranty Disclaimers
You understand and agree that
Your use of the Services and/or the Materials is at Your own sole risk.
Dopetracks is not responsible or liable for any infections or contamination
of Your system, or delays, inaccuracies, errors, or omissions arising
out of your use of the Services and/or Materials. The entire risk as
to the quality, accuracy, adequacy, completeness, correctness and validity
of any Materials rests with You. THE SERVICE AND THE MATERIALS ARE PROVIDED
"AS IS" AND "AS AVAILABLE," AND WITHOUT WARRANTY
BY DOPETRACKS AND THE DOPETRACKS AFFILIATES, AND, TO THE MAXIMUM EXTENT
ALLOWED BY APPLICABLE LAW, DOPETRACKS AND THE DOPETRACKS AFFILIATES
EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NONINFRINGEMENT. THERE
IS NO WARRANTY THAT THE SERVICE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS,
OR THAT YOUR ACCESS TO THE SAME WILL BE UNINTERRUPTED OR ERROR-FREE.
DOPETRACKS AND DOPETRACKS AFFILIATES DO NOT WARRANT, GUARANTEE, OR MAKE
ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
SERVICE OR THE MATERIALS WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY,
SECURITY CAPABILITY, CURRENTNESS OR OTHERWISE. YOU WILL NOT HOLD DOPETRACKS
AND/OR THE DOPETRACKS AFFILIATES RESPONSIBLE FOR ANY DAMAGES THAT RESULT
FROM YOU ACCESSING THE SERVICES OR USING THE SERVICES AND/OR THE MATERIALS,
INCLUDING, BUT NOT LIMITED TO,: (I) ERRORS, MISTAKES, OR INACCURACIES
OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE
SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT
OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE
OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE
VIA THE SITE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY
PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO SINGSHOT
AND/OR THE SINGSHOT AFFILIATES.
20. Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL DOPETRACKS,
ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS AND/OR DOPETRACKS AFFILIATES,
THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR
ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING
OUT OF THE USE OR INABILITY TO USE THE SERVICES AND/OR THE MATERIALS,
INCLUDING, BUT NOT LIMITED TO,: (I) ERRORS, MISTAKES, OR INACCURACIES
OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE
SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT
OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE
OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE
VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER
LEGAL THEORY, EVEN IF DOPETRACKS AND/OR DOPETRACKS AFFILIATES, HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO
THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION
ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE
LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE,
DOPETRACKS AND/OR DOPETRACKS AFFILIATES, SHALL BE ENTITLED TO THE MAXIMUM
DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT
LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE,
AND IN NO EVENT SHALL SUCH DAMAGES OR LIABILITY EXCEED TWENTY FIVE DOLLARS
($25). Notwithstanding the foregoing, in no event shall Dopetracks's
liability to You for any and all claims, damages, losses, and causes
of action (whether in contract, tort or otherwise) exceed the amount
paid by You, if any, for accessing the Services and/or Materials.
21. "Restricted Rights"
All Materials supplied by or
through the Services are provided with "RESTRICTED RIGHTS." use,
duplication, or disclosure by the U.S. Government is subject to restrictions
as set forth in FAR52.22724 and DFAR252.227-7013 et seq. or its successor.
Use of any of such by the Government constitutes acknowledgment of our
or our suppliers proprietary rights in them. In the event that the
Agreement, or any part thereof, is deemed inconsistent with the minimum
rights identified in the Restricted Right provisions, the minimum rights
shall prevail.
22. Arbitration
You agree that the all disputes
and claims arising out of, or relating to, this Agreement, the Services
and/or Materials, Your use of the Services and/or Materials (including
the arbitrability of any claim or dispute and the enforceability of
this paragraph), or to any other alleged act or omission by You or Dopetracks,
shall be determined exclusively by final and binding arbitration. Provided
however, that You agree that the terms of this paragraph do not apply
to any breach or alleged breach of the ownership or license rights of
Dopetracks or any of its licensors with respect to any Materials and/or
Services, or Your (or any third party s) misuse of the Materials and/or
Services, and that, in the event of any such breach of alleged breach,
Dopetracks and its licensors will be irreparably harmed and entitled
to equitable and injunctive relief in addition to all other remedies
provided by this Agreement or available at law. The arbitration shall
be conducted under the Commercial Arbitration Rules of the American
Arbitration Association ("AAA") before a panel of three arbitrators
and conducted in Los Angeles, California. Except as expressly set forth
above in this paragraph, You and Dopetracks may litigate in court only
to compel arbitration under this Agreement or to confirm, modify, vacate
or enter judgment on the award rendered by the arbitrators. To the extent
that You have breached or have indicated Your intention to breach this
Agreement in any manner which violates or may violate Dopetracks
or any of it s licensor's intellectual property rights, or may cause
continuing or irreparable harm to Dopetracks (including, but not limited
to, any breach that may impact Dopetracks or it's licensor's intellectual
property rights, or a breach by reverse engineering), Dopetracks may
seek injunctive relief, or any other appropriate relief, in any court
of competent jurisdiction. Subject to the extent of the law no finding
or stipulation of fact in any other arbitration, judicial or similar
proceeding may be given preclusive or collateral estoppel effect in
any arbitration hereunder; and no conclusion of law in any other arbitration
may be given any weight in any arbitration hereunder.
23. Integration
This Agreement, and any other
terms or documents referred to or integrated by reference, is completely
integrated and no other agreements, oral or otherwise exist between
You and Dopetracks. If it is determined by a court of law with competent
jurisdiction that any part of this Agreement is held to be invalid or
unenforceable, that portion shall be construed in a manner consistent
with applicable law to reflect, as nearly as possible, the original
intentions of the parties, and the remaining portions shall remain in
full force and effect.
24. Waiver
Dopetracks waiver of any
right or failure to prosecute any claim or defense available pursuant
to this Agreement does not constitute a waiver of that right, claim
or defense, nor does any waiver of any right or failure to prosecute
a claim or defense available under this Agreement by Dopetracks constitute
a waiver of any other right, claim, or defense pursuant to this Agreement.
25. Headings
The headings used in this Agreement
are for convenience only and will have no effect on the interpretation
or legal enforceability of the terms herein.
26. Choice of Law
The laws of the State of California,
excluding its conflict of law rules, control and govern this Agreement
and Your use of the Services and Materials.
27. Jurisdiction
Subject to this Agreement,
You expressly and irrevocably agree that the state and federal courts
located in Los Angeles, California have exclusive jurisdiction over
any claim or dispute with Dopetracks or Dopetracks Affiliates arising
under this Agreement or relating in any way to Your Account or Your
use of the Services and/or Materials.
28. Non-Assignability
This Agreement is personal to You and is non-assignable; it may not be transferred, assigned or delegated to anyone. Any such attempt to assign, transfer, or delegate will render this Agreement null and void. However, this Agreement will inure to the benefit of each party s permitted successors and assigns.