(Last updated July 1, 2011)
Welcome to SL8 Records, Inc. (“SL8”) Web sites, which includes but is not limited to ScarlettRabe.com (the “Site”). The Site is provided as a service to our customers and fans. Please review the following terms and conditions of use, which govern your use of the Site (the “Agreement”).Your use of the Site constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use the Site. If you do not agree to these terms, please do not use the Site.If you do not unconditionally agree to the Agreement, you will not be authorized to use the website or any services. Occasionally, in our sole discretion, by posting or by sending you a notice, SL8 may publish additional rules and policies regarding the Agreement, modify or discontinue portions of the Agreement for a particular artist or all of the artists, or change these fan terms and/or our price list. It is your responsibility to check the Agreement periodically for changes. Your continued use of the Site following the posting or notification of any such changes constitutes your acceptance of those changes.
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FAN SERVICES & FAN TERMS
We are dedicated to helping Scarlett Rabe and other artists make their content (audio, video, images, etc.) available to their fans through the Site. Each Artist provides its own benefits, products and services through SL8, so the benefits, products and services offered to you for one Artist are distinct from those offered by a different Artist. An Artist may also provide its own terms and conditions regarding its products and services, but if there is any conflict, this Agreement shall prevail.
Your submission of personal information through the Sites is governed by our privacy policy, which can be reached by clicking on the “Privacy Policy” link located in the footer section of ScarlettRabe.com (the “Privacy Policy”). This Agreement incorporates by reference the terms and conditions of the Privacy Policy.
The Site may permit you to link to other websites on the Internet, and other websites may contain links. Those other websites are not under SL8′s control, so you use them at your own risk and SL8 is not responsible or liable for any aspect of such websites or any damage or loss alleged to be caused by, or in connection with, such websites.
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REGISTRATION
Some of the features of the Site may require you to register with SL8 and select an appropriate password and screen name (“ScarlettRabe.com User ID”). SL8 may refuse to register and may cancel a SL8 User ID at any time. You are solely responsible for all activity that occurs on your account and for maintaining the confidentiality of your password. You must immediately notify us (info@scarlettrabe.com) of any security breach, such as unauthorized use of your account.
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ELIGIBLITY FOR REGISTRATION
SL8 does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, please do not attempt to register or send any information about yourself to SL8. If we believe or determine that you are under 13, we will terminate your right to access any part of this website that require registration and delete your personal information. This provision and the right to access to the Site is void where prohibited by law.
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COSTS
You must pay for all items purchased by you using the Site. Artists may offer some products or services for free and others for a fee. Also, Artists may change the price of their products and other offerings at any time. You must read and comply with the instructions and restrictions explicitly stated during the checkout process for any product you order through the Site. The delivery times specified in the checkout process are estimates only. If you do not receive a product you ordered through the Site, please contact customer support (info@scarlettrabe.com) with your request and proof of your receipt. If approved by SL8, you will be credited for the product that you did not receive. SL8 will work with the applicable Artist who sold you such product to try to remedy the situation, however, the applicable Artist (not SL8) is solely responsible for fulfilling such orders. All Sales of Digital Content are final. We do not accept returns of Digital Content. Once you have purchased Digital Content, we encourage you to download it promptly and to make back-up copies of it. If you are unable to complete a download after having reviewed our online help resources, please contact us at info@scarlettrabe.com. You bear all risk of loss after purchase and for any loss of Digital Content you have downloaded, including any loss due to a computer or hard drive crash. We may, from time to time, remove Digital Content from the Site without notice.
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RULES AND RESTRICTIONS
You shall not (and shall not authorize any third party to) take any action or use, submit or distribute any text, media, materials, User Submissions (as defined below), or other content (collectively “Content”) on or through the Site that infringes any third-party intellectual property or other right; is unlawful, threatening, harassing, defamatory, obscene or offensive; constitutes unauthorized or unsolicited advertising, crawling, spidering, or spamming; or interferes with or manipulates the Site, SL8′s or any Artist’s billing process, security, infrastructure, access restrictions, price or offering. You shall not: (i) decompile, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Fan Services, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Site, or (iii) use or otherwise transfer any of the rights that you receive for the benefit of a third party. You shall abide by all applicable local, state, national and international laws and regulations, and all notices and restrictions contained in any content accessed through the Site. You may, to the extent the Site expressly authorizes you to do so, download or copy the content displayed on the Site for download, for personal use only, provided that you maintain all notices contained in such content. Copying or storing of any content for other than personal, noncommercial use is expressly prohibited. You represent, warrant and agree that you will purchase Digital Content only for your personal, non-commercial, entertainment use and not for any redistribution of the Digital Content or other use restricted in this section. You agree not to infringe the rights of the Digital Content’s copyright owners and to comply with all applicable laws in your use of the Digital Content; you agree that you will not otherwise redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer or use the Digital Content. You are not granted any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for the Digital Content. You acknowledge that the Digital Content embodies the intellectual property of a third party and is protected by law.
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TRANSACTIONS
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
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RIGHT TO CHANGE SITES
We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Sites or any service, content, feature or product offered through the Sites, with or without notice; charge fees in connection with the use of the Sites; modify and/or waive any fees charged in connection with the Sites; and/or offer opportunities to some or all users of the Sites. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Sites.
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SITE CONTENTS
Unless otherwise noted, the Sites, and all materials on the Sites, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by SL8 RECORDS, SCARLETT RABE, SCARLETT RABE.COM or SCARLETT PRODUCTIONS and are the trademarks of SL8 Records, Inc. or Scarlett Productions, LLC and/or their subsidiaries.
The Sites and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Sites for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Sites.
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USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
SL8 is pleased to hear from users and welcomes your comments regarding our products and services. SL8′s company policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by SL8 or its Artists might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. If, at our request, you send certain specific submissions (for example contest entries or music) or without out a request from us you send music, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that SL8 may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to SL8. SL8 is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. SL8 has the right but not the obligation to monitor and edit or remove any Comments.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Sites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead SL8 or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. SL8 takes no responsibility and assumes no liability for any Comments posted by your or any third party.
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PRODUCT INFORMATION
Many products displayed on the Sites might be available in stores in the United States and, in some cases, select foreign markets. The prices displayed on the Sites are quoted in U.S. Dollars.
Certain products are available exclusively online through the Sites. These products may have limited quantities and are subject to return or exchange only through the Sites according to the applicable return policy.
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ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).
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COLORS
We have made every effort to display as accurately as possible the colors of our products that appear at the Sites. We cannot guarantee that your computer monitor’s display of any color will be accurate.
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WARRANTY DISCLAIMER
The Site and Digital Content are provided “As Is” and “As Available” and are without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, or that the Site will be uninterrupted or error-free. SL8 expressly disclaims any duty to update or revise the materials on the Sites, although SL8 may modify the materials at any time without notice. Your use of the Sites is at your sole risk, and you assume full responsibility for any costs associated with your use of the Sites. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. SL8 shall not be liable for any damages of any kind related to your use of the Sites.
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INDEMNIFICATION
You shall indemnify and hold harmless SL8, its affiliates and their employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, expenses, and reasonable attorneys’ fees, that arise from or relate to your (i) User Submissions, (ii) violation of third party intellectual property or other rights, (iii) violation of applicable laws, rules or regulations, (iv) your use of the Site. SL8 shall have the option to assume the exclusive defense and control of any action to which it is a party and you shall assist SL8 in asserting any available defenses.
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LIMITATION OF LIABILITY
SL8 is not responsible for any users’ actions or User Submissions. In no event shall SL8, nor its directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Site or any other subject matter of this Agreement (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, consequential damages of any kind whatsoever, or substitute goods or services, (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), (iii) for any direct damages in excess of (in the aggregate) one hundred U.S. dollars ($100.00), or (iv) for any matter beyond its reasonable control. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
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RESERVATION OF RIGHTS
Except for the rights explicitly and unambiguously granted to you in the Agreement all right, title, and interest in the Site and the Digital Content are reserved and retained by us, our Digital Content providers, and our licensors. You do not acquire any ownership rights in the Digital Content as a result of downloading the Digital Content.
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DISPUTE RESOLUTION
Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and SL8 agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Sites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent (1) to SL8 Records at: SL8 Records Legal Department, 2800 Neilson Way, Suite 1116, Santa Monica, CA 90405, Attn: General Counsel, or
(2) to you at: your last-used billing address or the billing and/or shipping address in your online profile. Both you and SL8 agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
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CHOICE OF LAW
This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of California, County of Los Angeles and/or the Southern District of California. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of SL8′s right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Sites.
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THIRD PARTY BENEFICIARIES
Digital Content copyright owners are intended beneficiaries under the Agreement and may enforce the Agreement against you and invoke all rights hereunder including limitations of liability.
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CONTACT INFORMATION
For communications concerning the Fan Terms, please contact us at: info@scarlettrabe.com