You understand that the Website and Products & Services are available for your personal use only. Your use of any Products & Services that provide for or facilitate commercial transactions may be subject to additional terms and conditions. You agree not to use automated scripts to collect information from the Website. You agree that you will not use the Website in any unlawful manner or in any other manner that could damage, disable or impair the Website. In addition, you agree not to use the Website to make available any Content that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; (ii) impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity; (iii) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (iv) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (v) use or attempt to use another user's account, without authorization from DiscRevolt, or create a false identity using the Products & Services or the Website.
All Content on the Website, is the proprietary property of DiscRevolt or its licensors (including Website users). Subject to the terms of this Agreement (see USE OF WEB SITE AND PRODUCTS & SERVICES above), no Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written consent of DiscRevolt or the Content owner. Except as otherwise set forth in this Agreement, any use of the Content is strictly prohibited.
You hereby acknowledge and agree that you are solely responsible for all materials that you post or publish on the Website, including without limitation, information, code, data, text, software, music, links, photos, pictures, graphics, video, chat, messages, files and any other materials ("Content"). You represent, warrant and agree that no Content submitted by you or through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You represent and warrant that you have all legal rights necessary to publish any Content on the Website or that you own such Content. You hereby acknowledge and agree that DiscRevolt shall, at all times, possess the right to refuse to include and/or remove any or all Content for any reason and at its sole discretion. You hereby acknowledge and agree that DiscRevolt may, at its sole discretion, disclose your Content in order to comply with law enforcement, court orders, or the legal process and/or protect the rights and safety of individuals and/or settle disputes over intellectual property ownership.
By publishing Content (except your audio or music files that you allow fans to download and copy) to any part of the Website, you automatically grant to DiscRevolt, and you represent and warrant that you have the right to grant to the DiscRevolt, a non-exclusive, transferable, fully-paid, worldwide license (with the rights to sublicense) to use, copy, perform, display, reformat, translate, excerpt (in whole or in part) and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. This license includes without limitation any and all professional names, photos, trademarks, logos and biographical information of artists, performers or bands. You may remove such Content from the Website at any time and the license granted above will automatically terminate.
The Website contains links to other web sites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on or through the Website or the Products & Services does not imply approval or endorsement of the linked web site by us. If you decide to leave the Website and access these third-party websites, you acknowledge that you do so at your own risk.
In no event will DiscRevolt be liable to you or any third party for any indirect, consequential or incidental punitive damages, including damages for any lost profits or data arising from your use of the Website or the Products & Services. Notwithstanding anything to the contrary contained herein, DiscRevolt's liability to you for any cause whatsoever will be limited to the lesser of: (i) the amount paid,if any, by you to the company for it's Products & Services; and (ii) twenty dollars ($20). Certain state laws to not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers,exclusions or limitations may not apply to you, and you may have additional rights.
You agree to indemnify and hold DiscRevolt and its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of: (i) your breach of any representations or warranties made by you hereunder or your breach of any term of this Agreement; (ii) your use of the Products & Services or the Website in violation of this Agreement; or (iii) or your violation of any law or the rights of a third party. You hereby agree not to sue, assist in or be a voluntary party to assist in or be a voluntary party to, except as required by law, any action, suit, or proceeding against DiscRevolt for any claims, actions, suits, damages, liability, losses or expenses of whatever kind or however arising out of or relating to your use of the Website or the Products & Services.
DiscRevolt is not responsible for any incorrect or inaccurate Content published on the Website or in connection with the Products & Services, including Content published by users of the Website or the Products & Services. The Company is not responsible for the conduct of any user of the Website. The Website and the Products & Services may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Website or the Products & Services. The Company is not responsible for any problems or technical malfunction of any telephone network, computer online systems, servers or providers, computer equipment or software, or the failure of email on account of technical problems or traffic congestion on the Internet or at any website, including injury or damage to any person's computer related to or resulting from participating or downloading materials in connection with the Website or the Products & Services. Under no circumstances will the Company be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Services, the Website or any Content published on the Website. The Website, Products & Services and Content are provided on an "as-is" basis and DiscRevolt disclaims any and all warranties, including without limitation implied warranties of title, merchantability or non-infringement.
This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, U.S.A., without reference to conflicts of laws provisions and, as to matters affecting copyrights, trademarks and patents, by U.S. federal law. Any dispute or claim arising out of, or in connection with, this Agreement shall be finally settled by binding arbitration in Alpharetta, GA in accordance with applicable state and federal laws (the "Uniform Arbitration Act") and the then-current rules and procedures of the American Arbitration Association by one (1) arbitrator appointed by the American Arbitration Association. The arbitrator shall apply the law of the State of Georgia, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. You agree that, any provision of applicable law notwithstanding, the arbitrator shall have the authority to award the prevailing party its costs and reasonable attorneys fees. In the event that the above arbitration provision is held invalid or unenforceable, then any dispute with respect to this Agreement shall be brought and heard either in the Georgia state courts located in Fulton County, Georgia, or the federal district court for the District of Georgia located in Atlanta, Georgia. In such event, you consent to the in personam jurisdiction and venue of such courts. You agree that service of process upon you in any such action may be made if delivered in person, by courier service, by telegram, by telefacsimile or by first class mail, and shall be deemed effectively given upon receipt.
This Agreement sets forth the entire agreement between you and the Company pertaining your use of the Website and the Products & Services. DiscRevolt reserves the right, at its sole discretion, to change, modify, add, or delete portions this Agreement at any time without further notice. If we do this, we will post the changes to this Agreement on this page. Your continued use of the Products & Services or the Website after any such changes constitutes your acceptance of the revised Agreement. If you do not agree to abide by this Agreement or any future revised Agreement, do not use or access the Products & Services or the Website. It is your responsibility to regularly review this Agreement. If any provision of this Agreement is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of this Agreement shall continue in full force and effect. The Company's failure to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision.
To correct, amend, or delete information (if DiscRevolt is holding your information as explained above), about Privacy related issues or for any reason at all, please contact us at one of the following:
ATTN: Legal Department
310 Prospect Place
Alpharetta, GA 30005
DiscRevolt respects the intellectual property of others, and we ask our users to do the same. When using DiscRevolt products and services you may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. DiscRevolt may, in appropriate circumstances and at its discretion, remove or disable access to infringing material, to notify the relevant users that it has removed or disabled access to the material, and to terminate the account of any user who infringes copyright using DiscRevolt's products or services.
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide DiscRevolt's Copyright Agent with the following information (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) of the U.S. Copyright Act to confirm these requirements):
Please note that under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.
Once the notice of claims of copyright or other intellectual property infringement has been written, reviewed for accuracy, and possibly reviewed by your attorney (recommended), you may then send it to DiscRevolt's Copyright Agent at one of the following addresses:
ATTN: Copyright Agent
310 Prospect Place
Alpharetta, GA 30005
Please note that, due to security concerns, attachments will not be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
If your account has been disabled due to DiscRevolt's receipt of a Notice of Copyright or Intellectual Property Infringement ("Notice of Infringement") described above, and you, in good faith, believe that the original Notice of Infringement submitted against you was wrongfully submitted as a result of a mistake or misidentification of the material to be removed or disabled you may submit a Counter Notice, pursuant to sections 512(g)(2) and (3) of the U.S. Copyright Act, to DiscRevolt's Copyright Agent at one of the addresses shown above.
When submitting a Counter Notice to DiscRevolt's Copyright Agent, it is important that the Notice is written clearly and concisely, and to ensure it is compliant with the U.S. Copyright Act's requirements for Counter Notifications. The accuracy and completeness of your Counter Notice will assist DiscRevolt's Copyright Agent in handling your notice effectively and expeditiously.
A compliant Counter Notice claiming, under penalty of perjury, that the Notice of Infringement submitted against you was wrongfully submitted as a result of a mistake or misidentification of the material to be removed or disabled must contain the following pertinent information in order to be effective and it MUST be submitted to DiscRevolt's Copyright Agent in writing (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) of the U.S. Copyright Act to confirm these requirements):
Please note that under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability for damages.
Once the Counter Notice has been written, reviewed for accuracy, and possibly reviewed by your attorney (recommended), you may then send the Counter Notice to DiscRevolt's Copyright Agent at one of the addresses listed above.
As a purchaser, you are solely responsible for:
Exceptions to the NO REFUND policy may be made for the following reasons, but are not guaranteed:
If your product doesn't arrive or arrives in less than perfect condition please contact firstname.lastname@example.org and provide as much information as you can regarding your order.
DiscRevolt is not responsible for customs fees imposed by countries at point of entry. Customer is solely responsible for any customs fees.
BY MAKING A PURCHASE ON THE DISCREVOLT SITE OR ANY SITE USING A DISCREVOLT SALES PLATFORM YOU HAVE READ AND AGREE TO THE DISCREVOLT NO REFUND POLICY.