Steady Pitch Records Terms of Use (TOU)
Terms of Use
Welcome to the Steady Pitch Records Online Service, comprised of the Steady Pitch Records Website and its contents and the Steady Pitch Records Online Store (referred to below collectively as the "Steady Pitch Records Service" or the "Service").
PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THE Steady Pitch ONLINE SERVICE. By using this Steady Pitch Records Service, you signify your agreement to the Terms of Use. If you do not agree to the Terms of Use, you may not use the Steady Pitch Records Service. You may not use the Service for any purpose that is unlawful or prohibited by the Terms of Use.
We reserve the right, in our sole discretion, to change, modify, add, or delete portions of the Terms of Use at any time in accordance with the procedures set forth below in the paragraph labeled "Amendment." When using particular services of Steady Pitch Records, you may be subject to any additional posted guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Use.
Ownership
All contents of the Service, including without limitation, software, text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, are the sole property of Steady Pitch Records or its licensors, and protected by United States and international copyright laws. All trademarks, service marks, trade names, and trade dress are proprietary to Steady Pitch Records or its licensors. No material from the Steady Pitch Records Service may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, unless specifically authorized by Steady Pitch Records.
Privacy Policy
Please review our privacy policy, which governs our gathering and use of information about you, located at http://store.Steady Pitchrecords.com/privacy.html. The Privacy Policy is part of the Terms of Use.
Use of the Service
You may not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of it. You may not attempt to gain unauthorized access to the Service, to accounts other than your own, or to computer systems or networks connected to the Service, through hacking, use of third party passwords, or any other unauthorized means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service.
Billing and Payment
You agree to pay fees and charges accruing when you buy music downloads or buy anything else at the Service or through the Service from one of our business partners. You must have a valid credit card to make any purchase at the Service or through the Service. Fees and other charges shall be invoiced in accordance with the terms and conditions set forth both in the Terms of Use and in the order form you will fill out at the time of purchase. All payments shall be made in U.S. currency. You agree to pay a late payment charge equal to 1.5% (or the highest amount permitted by law, whichever is lower) per month or portion thereof on the outstanding balance of any invoice remaining unpaid thirty (30) days after the date on which payment is due. You agree to pay us our expenses, including attorney's fees and collection agency fees, incurred in enforcing our rights under this section. You shall pay all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to your purchases. By making your order from any of our business partners, you agree to be bound to the terms and conditions imposed by the business partner, including its privacy policy, in addition to the Terms of Use. The business partner will be identified on the order page.
Locations Outside the United States
Tunecore makes no representation that the contents of this site, including transactions offered, are appropriate or authorized in locations other than the United States of America. Those who choose to access the Service from locations outside the United States do so at their own risk and are responsible for compliance with all applicable laws. Software from this site is subject to United States export controls and may not be downloaded or otherwise exported or re-exported to a national or resident of, or into, Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or to anyone forbidden by the government of the United States.
Linked Content
Steady Pitch Records may provide, or third parties may provide, links to other World Wide Web sites or resources. Steady Pitch Records has no control over such sites and resources, is not responsible for their availability, and does not endorse and shall not be liable to you or any third party, for any advertising, goods or services, or other materials on or available from such sites or resources. Also, Steady Pitch Records shall not be liable to you or any third party, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such goods or services available on or through any such site or resource.
Warranties and Disclaimers
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Steady Pitch RECORDS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Steady Pitch RECORDS MAKES NO WARRANTY THAT (i) THE Steady Pitch RECORDS ONLINE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH ECHOSPIN SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
YOU UNDERSTAND AND AGREE EXPRESSLY THAT Steady Pitch RECORDS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ECHOSPIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Banning Users
Steady Pitch Records, in its sole discretion, reserves the right to terminate your use of the Service, or any part of it for any reason, including, without limitation, if Steady Pitch Records believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. Any termination of your access to the Service under any provision of the Terms of Use may be effected without prior notice and Steady Pitch Records shall not be liable to you or any third-party for any termination of your access to the Service.
Copyright Agents
Steady Pitch Records respects the intellectual property of others, and we ask our users to do the same. If you believe that any copyrighted work of yours has been copied in a way that constitutes copyright infringement, please provide the Copyright Agent of Steady Pitch Records the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Service;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Steady Pitch’s Copyright Agent for notice of claims of copyright infringement on its Service is Steady Pitch Records, Inc. and can be reached as follows:
SteadyPitchRecords.com@gmail.com
Without limitation of any of its other rights and remedies under the Terms of Use, the policy of Steady Pitch Records is to terminate access to the Service by repeat infringers of copyright.
Amendment
We may change all or part of the Terms of Use from time to time. When we do, we will give notice of changes in this space so you can be kept abreast by visiting this page from time to time. Steady Pitch Records may also in its sole discretion and at any time modify or discontinue, temporarily or permanently, the Service (or any part of it), with or without notice.
Force Majeure
We will not be liable to you or any third party for failure or delay in performing our obligations hereunder if such failure or delay is due to circumstances beyond our reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, computer viruses, terrorism, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service.
Indemnity
You agree to indemnify and hold harmless, Steady Pitch Records, its parent, subsidiary and affiliated companies, its officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Service, from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation by you of the Terms of Use.
Miscellaneous
The Service is based in and operated from the United States of America. Information which you send to us by email or which we gather from you when you visit our website is held and processed in the United States of America. The Terms of Use shall be binding upon and inure to our benefit, and the our successors, and assigns. You may not assign the Terms of Use without our prior written consent. The Terms of Use contain the entire understanding of the parties regarding their subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding their subject matter. The Terms of Use and the relationship between you and us shall be governed by the laws of the State of New York and the United States of America without regard to any conflict of law provisions. No failure or delay by a party in exercising any right, power or privilege under the Terms of Use shall operate as a waiver thereof. The invalidity or unenforceability of any of the Terms of Use shall not affect the validity or enforceability of any other of the Terms of Use, all of which shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
Trademarks
Steady Pitch Records and the Steady Pitch Records logo designs are trademarks of Steady Pitch Records, Inc. All rights reserved. All other trademarks on the Service are the property of their respective owners.
The materials and services at the Steady Pitch Records Online Service are offered by Steady Pitch Records, Inc.
SteadyPitchRecords.com@gmail.com