A. GENERAL TERMS OF CONDITIONS
Important Note to Users:
Please note that in terms of South African law (the Electronic Communications and Transactions Act 25 of 2002, these Terms and Conditions are binding and enforceable against all persons who access the Kaos Krew Records website (or any part thereof).
If you do not agree to these terms and conditions you are advised to leave this web site now, as further use will automatically bound you to these terms and conditions.
If you have any trouble downloading your purchased files or free downloads do not hesitate to contact us via firstname.lastname@example.org
This is a legal agreement (“Agreement”) between you and Kaos Krew Records & Kaos Krew Records News stating the terms that govern your (i.e., customer, registered user, website visitor, DJ, label, brand, etc.) use of the Kaos Krew Records website referred to in this Agreement as the “Website”, as the context requires, including without limitation any mobile version, IOS and/or Android application). By using the Website, you agree to and are bound by the terms of this Agreement. You must accept and abide by these terms as presented to you, and Kaos Krew Records reserves the right to change, add, or remove portions of this Agreement at any time. It is your responsibility to check the Agreement each time before using the Website, and your continued use of the Website will indicate your acceptance of any changes. In addition, you agree to comply with all local, state, federal, national, and international laws, statutes, ordinances, and regulations that apply to your use of the Website or Content (defined below).
(i) By way of background, the Kaos Krew Records web site incorporates, amongst other things, a lifestyle, music and events blog, advertising space for third party advertisers, links and references to the writer’s personal product and venue choices and recommendations, business references, reviews (including music, movies and third party videos (both public and private), political views and references, event notices and general information. The content of the web site covers international and local events and information and targets a South African audience as well as any persons or business who have an interest in Cape Town and South Africa as a whole.
(ii) The content varies from covering issues and news of general interest, references to stories and news and in some parts contains writing which is intended to be humorous and/or fictional and/or autobiographical.
(i) The Kaos Krew Records web site has not been compiled to meet any User’s individual and personal requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with Kaos Krew Records, that the content and services available from and through the Kaos Krew Records web site meet the User’s individual requirements and is compatible with the User’s computer hardware and/or software.
(ii) Whilst Kaos Krew Records shall take all reasonable steps to ensure quality and accuracy of content available, some of the information on the web site is intended to be of a humorous and/or fictional nature and Kaos Krew Records therefore does not make any warranties or representation that content and services available from the Kaos Krew Records web site will in all cases be true, correct or free from any errors, nor does it make any warranties that the Kaos Krew Records website will be available at all times. Users acknowledge that the Kaos Krew Records web site may be unavailable due to updates or any other causes which are beyond the reasonable control of Kaos Krew Records.
3. AGE REQUIREMENT
In order to use the Product(s) or services offered on this Website, you need to (a) be 18 or older, or be 13 or older and have your parent or guardian’s consent to the terms of this Agreement, and (b) have the power to enter a binding contract with us and are not barred from doing so under any applicable laws. If there are parts of this Website or services being offered on the Website where you need to register and provide certain information to Kaos Krew Records: You must be at least 18 years of age. If you are at least 13 years of age, but under 18 years of age, you must present this Agreement to your parent or legal guardian, and he or she must click “AGREE” or “SIGN UP,” as may be applicable, to enter into this Agreement on your behalf. Children under 13 years of age may not register for the Website, nor may parents or legal guardians register on their behalf. If you are a parent or legal guardian entering this Agreement for the benefit of your child or a child in your legal care, be aware that you are fully responsible for the child’s use of the Website, including all financial charges and legal liability that he or she may incur.
4. CONTENT AND PRODUCTS
All “Content”, including but not limited to digital downloads of sound recordings, streamed sound recordings and related digital content, including songs, mixes and loops, downloads or samples, and all software, artwork, graphics, video, text, editorials and news, interfaces, trademarks, logos, images, photographs, and any other element of the Website, including the layout, look and feel, organization, and coordination of such Content on the Website is the property of or is licensed to Kaos Krew Records, and is protected by S.A. and international trademark, trade dress, copyright, and other intellectual property rights laws. Without the prior written consent of Kaos Krew Records or the applicable copyright holder, and except as provided in this Agreement, no Content may be transmitted, distributed, translated, publicly displayed, uploaded, published, recorded, retransmitted, rented, sold, distributed, digitized, endorsed, reproduced, altered to make new works, performed, or compiled in any commercial way. Some of the Content is “Products,” which is certain Content made available by Kaos Krew Records for purchase and/or download. The Content is only for your personal, noncommercial use.
5. OBJECTIONABLE MATERIAL
When using the Website, you understand that you may encounter Content that may be deemed objectionable, indecent, or offensive, which content may or may not be identified as having explicit language or text, graphic designs, and/or photographs. You agree to use the Website at your own risk and Kaos Krew Records shall have no liability to you for Content that may be found objectionable, indecent, or offensive.
6. ACCOUNT REGISTRATION
(a) To use certain services of the Website you must register and provide certain information (e.g. a member (user) name, password, billing information, and valid email address) to Kaos Krew Records (“Registration Data”) for the purposes of creating an account (your “Account”). You agree to provide current, complete, and accurate Registration Data at the time you register and you will update your Registration Data as necessary to keep it current, complete and accurate. The Registration Data will apply to all sections of the Website and act as your username and Registration Data for access, favoriting, purchasing, communicating, and/or streaming (where purchasing and/or streaming are applicable) to all sections of the Website. Kaos Krew Records may terminate your Account and any or all rights to the Website if any information you provide is inaccurate, false, incomplete, or, if Kaos Krew Records, in its own discretion, suspects fraudulent and/or illegal behavior, such as but not limited to identify theft or stolen credit cards, associated with your registration. You agree that Kaos Krew Records may store and use the Registration Data you provide for use in billing fees to your credit card and maintaining your Account.
(b) You are solely responsible for maintaining the confidentiality and security of your Account. You agree to notify Kaos Krew Records immediately of any unauthorized use of your password and/or Account. Kaos Krew Records shall not be responsible for any losses arising out of the unauthorized use of your Registration Data or Account, and you agree to hold harmless and to indemnify Kaos Krew Records, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of your Account. You may not attempt to gain unauthorized access to the Website. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, Kaos Krew Records shall have the right to terminate your Account and pursue all available remedies at law.
7. CONSENT TO COMMUNICATION FROM US VIA E-MAIL
By establishing an Account, you grant permission for Kaos Krew Records to contact you at your provided e-mail address.
8. SYSTEM REQUIREMENTS
You are responsible for any hardware, systems and/or software program(s) you use and any associated fees and expenses (a) to connect to, browse or otherwise use the Internet, and/or (b) to access the Website, and/or (c) to browse, stream, download, upload, play back, or transfer the Content. From time to time, you may have to install software, available through the Website, to aid in the accessibility of Content; however, the purchase or obtaining of any other product shall not be construed to represent or guarantee you access to the Content. You may not attempt, nor support others’ attempts, to decrypt, reverse engineer, circumvent or otherwise alter or interfere with any software required for use of the Website or Content. If you access the Website over mobile or via an IOS or Android application, data charges may apply.
9. CHARGES AND BILLING
Kaos Krew Records currently accepts only Paypal purchases. Kaos Krew Records does not accept cash, money orders, or checks. Kaos Krew Records reserves the right to change this policy at any time. You agree to pay all fees and charges associated with your purchase(s) (including any applicable taxes), at the rates in effect when the charges were incurred. You, not Kaos Krew Records, are responsible for any unauthorized amounts billed to your credit card by a third party (in this case Paypal). As a cardholder, your card issuer agreement governs your use of the designated card, and as such, you must refer to that agreement to determine your rights and liabilities as a cardholder. Due to the nature of the service, refunds are only available in exceptional circumstances at Kaos Krew Records’ management’s sole discretion.
You agree to pay for all for-fee Products that you purchase through the Website. Kaos Krew Records may charge your Paypal Account / Debit / Credit card (if/when services are available) for any Products purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. With regards to Credit Card payments (only in the case of this payment method offered as an option in the future), you hereby agree to authorize Kaos Krew Records to charge your credit card for the above mentioned at Kaos Krew Records ‘s convenience, but within (30) days of credit card authorization, but no earlier than the purchased Product is available for actual download or delivery, unless as may be required to process pre-order purchases at your request. YOU ARE RESPONSIBLE FOR PROVIDING Kaos Krew Records WITH A VALID CREDIT CARD AND THE TIMELY PAYMENT OF ALL FEES. At its discretion, Kaos Krew Records may post charges individually or aggregate your charges with other purchases you make on the Website. If any of your billing information changes, you are responsible for updating the information in the applicable section of your Account. You are responsible for any charges on your Account that are incurred by any person through your Account, regardless of whether you authorized such purchase or not. You are solely responsible for keeping your Account secure and confidential.
10. LIMITATION ON SALES
Kaos Krew Records sells Products to end user customers only, and not to resellers, distributors, music dealers, exporters, wholesalers, or any other businesses with an intent to resell. Kaos Krew Records reserves the right to refuse access to the Website or sale of Products or offering of streaming music for any reason, to any end user. Kaos Krew Records may terminate any offers for free or special promotions or pricing on merchandise at any time.
11. RIGHT TO CHANGE PRICES AND CONTENT AVAILABILITY
Prices and availability of Content offered through the Website are subject to change at any time. Kaos Krew Records does not provide price protection or refunds in the event of a price drop or promotional offering.
Kaos Krew Records may, at its discretion, modify, suspend, or discontinue the Website (or any part or content thereof) at any time with or without notice to you, and Kaos Krew Records will not be liable to you or to any third party should it exercise such rights.
12. SALES OF DOWNLOADS
Each Download (as defined below) Product is an individual sale and subject to the terms and conditions of this Agreement. Each purchase of a Download by you will be regarded as a separate transaction and each delivery of a Download will constitute a separate sale, whether delivery is in whole or partial fulfillment of an order.
13. NO REFUNDS
All sales are final and all charges from those sales are nonrefundable. Kaos Krew Records will not refund any fees for Products or services that you purchase and then fail to download, unless such failure is caused solely by the negligence or gross misconduct by Kaos Krew Records.
14. NO RESPONSIBILITY FOR TYPOGRAPHICAL ERRORS
Due to the rapidly expanding, broad selection of Content on the Website, it is possible that Products may be accidentally mispriced. In such an event, Kaos Krew Records reserves the right not to accept end user orders with prices based upon typographical errors.
You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.
Kaos Krew Records accepts only US Dollars in payment, and as such all purchases made shall be processed via Paypal. Any issues occurring with your purchase should be directed to the Customer Support team at email@example.com, regardless of the currency used in your Paypal account.
17. LIMITATIONS OF CONTENT USAGE AND COPYRIGHT
Kaos Krew Records may make available certain Content. Your access to and/or use of any Content will be limited by the rules assigned to the Content by Kaos Krew Records (“Content Rules”) and described in this Agreement or on the Webpage where you acquire access to such Content. You may not attempt, nor support others attempts, to decrypt, reverse engineer, circumvent or otherwise alter or interfere with any software required for use of the Website or any of the Content Rules. Kaos Krew Records RESERVES THE RIGHT TO ENFORCE THE PRODUCT RULES WITH OR WITHOUT NOTICE TO YOU.
A “Stream” is the digital transmission of a sound recording of a musical work to an end user over the Internet where the content may be heard or viewed, but not downloaded for later playback. You may not attempt, or support others’ attempts, to download, copy, distribute, alter or capture a Stream.
A “Preview” is a promotional portion of a sound recording which is made available to you by Streaming while you are logged onto the Website. Previews may also consist of a promotional music video. Previews are offered at no cost to you, via Streaming, and you may play as many Previews as you like. You may not attempt, or support others’ attempts, to download, copy, distribute, alter or capture a Preview.
A “Download” is a purchased Product that you can (1) transfer to a compatible portable device, (2) save to your hard drive with unlimited playback time, or (3) burn to a CD/DVD, in each case for personal private use only and not for commercial or public use or distribution. Kaos Krew Records shall have no liability for lost, damaged, or destroyed Downloads. Any security technology that is provided with a Download is an inseparable part of the Download. The Download capability does not operate to limit any rights of the copyright owners in a Product or any works embodied in them.
Except as otherwise provided herein, you may not copy, reproduce, modify, rent, lease, broadcast, download, transmit, distribute or otherwise disseminate any Previews, Streams or Downloads or other Content contained on the Site except for your own personal, non-commercial use. Any copying, distribution, use or sharing is not permitted by this Agreement, and is in violation of S.A. and international copyright and intellectual property laws.
18. PROHIBITED USES OF CONTENT
You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with the Downloads, Streams and/or Previews. You may not play and then re-digitize any Downloads, Streams and/or Previews. You may not create any “derivative works” by altering any of the Content, except as permitted herein. You may not use the Downloads, Streams and/or Previews in conjunction with any other third-party content (e.g., to provide sound for a film) unless you obtain such rights from the copyright holder. YOU MAY NOT UPLOAD DOWNLOADS, STREAMS OR PREVIEWS TO THE INTERNET. PEER-2-PEER FILE SHARING IS STRICTLY PROHIBITED. Any other manner of network file sharing and transfer of Downloads, Streams or Previews to devices for such purpose is expressly prohibited and is a violation of S.A. and international copyright law.
“Kaos Krew Records” as well as the design of the logo (“the device”) and any pictures used in conjunction with the name are trademarks belonging to the owner of the web site and Users agree not to use the Kaos Krew Records trademark as a website name; or article title; and/or as an element of a domain name or sub domain name (notwithstanding the fact that such domain name use or registration may be allowed in terms of trademark and/or constitutional law). Upon request to do so, a User shall immediately cease to use such website name, article title and / or domain / sub domain name and transfer it to the owners of the Kaos Krew Records website at the User’s own cost.
19. THIRD PARTY ADVERTISERS, HYPERLINKS TO THIRD PARTY SITES AND REFERENCES TO THIRD PARTY NEWS AND INFORMATION
Kaos Krew Records permits the advertising on its web site from third party advertisers. Kaos Krew Records may also provide hyperlinks to web sites not controlled by it and such links do not in any way imply any agreement on, endorsement or support for the content of such sites. Because Kaos Krew Records does not control the editorial content of such third party advertising or sites, it shall not be liable, in any manner whatsoever, for the access to, inability to access or in respect of content available in advertisements and through these other sites.
20. LOSS OF RIGHTS BY KAOS KREW RECORDS
Kaos Krew Records may at any time lose the right to make certain Content available. In such an event, you will no longer be able to access such Content from the Website.
21. ELECTRONIC SIGNATURES AND CONTRACTS
Your use of the Website and establishment of an Account includes the ability to enter into agreements and/or to make purchases electronically. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of this Agreement and to pay for such purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the Website, including notices of cancellation, policies, contracts, and applications.
22. KAOS KREW RECORDS USERNAME POLICY
No two users or DJs can have the same Kaos Krew Records Username or DJ name (collectively, “Kaos Krew Records Username”) on the Kaos Krew Records platform. Kaos Krew Records Usernames are provided on a first-come basis.
Kaos Krew Records will not typically intervene in Kaos Krew Records Username disputes. Disputes should be resolved between the parties. However, Kaos Krew Records reserves the right, in its sole discretion, to permanently remove, reassign, or ask a user or DJ to modify his/her Kaos Krew Records Username in situations where:
(i) an account has been inactive for a period of time;
(ii) Kaos Krew Records determines that a Kaos Krew Records Username is offensive, commercial in nature, violative of, or a derivation of, a third party’s trademark or service mark, or is determined by Kaos Krew Records to be otherwise misleading;
(iii) Kaos Krew Records suspects that a Kaos Krew Records Username is being squatted;
(iv) Kaos Krew Records has determined, in its own discretion, the situation is such that removing or reassigning the Kaos Krew Records Username is most appropriate under the circumstances.
Any attempts to sell, buy, or solicit other forms of payment in exchange for a Kaos Krew Records Username is strictly prohibited and may result in permanent account suspension.
You may not use the Website (or any part of it, including but not limited to public areas) to upload, post, transmit, display, perform or otherwise make available any messages, content or materials (i) that are illegal, obscene, threatening, of a “spamming” nature, defamatory, or invasive of privacy; (ii) violate (intentionally or unintentionally) a contractual, fiduciary or confidentiality obligation or duty you have to any third party; (iii) that constitute political campaigning or commercial solicitation or that contain software viruses or other computer code designed to interfere with the functionality of any computer system; (iv) provide links to unapproved third party sites; or (v) that infringe third-party rights or harm minors in any way. You may not interfere with or disrupt the Website or any networks connected to or by the Website. In addition, you may not use a false email address or otherwise mislead other users as to your identity or the origin of a message or content.
24. KAOS KREW RECORDS RIGHTS
By posting messages, inputting data, or engaging in any other form of communication through the Website, you agree that Kaos Krew Records may copy, sub-license, adapt, transmit, publicly perform or display any such Content to provide and/or promote the Website and/or to respond to any legal requirement, claim or threat. If Kaos Krew Records’ use of such Content exploits any proprietary rights you may have in such material, you agree that Kaos Krew Records has an unrestricted, royalty-free, non-exclusive and perpetual worldwide right to do so.
(i) Where any information has been made available to Kaos Krew Records by the User, Kaos Krew Records may electronically collect, store and use the following personal information of Users:
Name and surname; birth date; gender; country and/or city of residence; click patterns and frequency of site visits; e-mail address; and IP address.
(ii) Kaos Krew Records may collect, maintain, save, compile, share, disclose and sell any information collected from Users but such use shall be subject to the following:
(a) Kaos Krew Records shall not disclose personal information from Users unless the User consents thereto, or where it is through due legal process; and
(b) Kaos Krew Records may compile, use and share any information that does not relate to any specific individual.
(iii) Kaos Krew Records owns and retains all rights to non-personal statistical information collected and compiled by Kaos Krew Records.
For additional information regarding Kaos Krew Records’ use of information collected in connection with the Website, please refer any enquiries to firstname.lastname@example.org
All copyrights in and to the Website, including, but not limited to, Kaos Krew Records Theatre and the streaming service, (including the compilation of content, postings, DJ profile pages, links to other Internet resources, and descriptions of those resources), and software, are owned by Kaos Krew Records and/or its licensors. The use of the Website, or any Content on the Website, except for use as expressly permitted in this Agreement, is prohibited and subject to civil and criminal penalties, including possible monetary damages, for copyright infringement. All rights not expressly granted to you in this Agreement are reserved to Kaos Krew Records and/or is licensors.
All trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the Website are the property of Kaos Krew Records and/or its affiliates or licensors. You may not copy, display or use any of these marks without prior written permission of the mark owner.
28. SECURITY OF CONTENT AND INFORMATION
(i) Kaos Krew Records shall take all reasonable steps to secure the content of the Kaos Krew Records website and any information provided by and collected from Users from unauthorised access and/or disclosure. Notwithstanding this however, Kaos Krew Records does not make any warranties or representations that content shall be entirely safe and secure and shall not be liable in this regard.
(ii) Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the Kaos Krew Records web site or the server and computer network that support the Kaos Krew Records web site. Any person who delivers any damaging code to the Kaos Krew Records web site, whether on purpose or negligently, shall, without any limitation, indemnify and hold harmless against any and all liability, damages and losses which Kaos Krew Records and its members and related parties (affiliates) may suffer as a result of such damaging code. This does not in any way limit Kaos Krew Records’ right to bring criminal action against such person/s.
29. VIOLATION OF INTELLECTUAL PROPERTY RIGHTS
If Kaos Krew Records receives a notice alleging that you have engaged in behavior that infringes Kaos Krew Records’ or an other’s intellectual property rights or reasonably suspects the same, Kaos Krew Records may suspend or terminate your Account without notice to you, and shall have no liabilities to you, past or present, for suspension or termination under this paragraph. We take alleged copyright infringement seriously. If you believe that any information or material on the Website constitutes copyright infringement, please send our Copyright Agent an e-mail at email@example.com or other written notice that includes the following information: (a) an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) a description of where the material that you claim is infringing is located on the Website; (d) your address, telephone number, and e-mail address; (e) 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; and (f) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Kaos Krew Records requires all of the above information in order to process a copyright claim. Email is the preferred method of notice.
30. ENFORCEMENT OF THESE TERMS
Kaos Krew Records reserves the right to enlist and take measures that Kaos Krew Records believes are reasonably necessary to enforce, or appropriate to enforce, or verify compliance with any part of this Agreement (including but not limited to Kaos Krew Records right to cooperate with any legal process relating to your use of the Website and/or Content, and/or a third party claim that your use of the Website and/or Content is unlawful and/or infringes such third party’s rights). You agree that Kaos Krew Records has the right, without liability or notice to you, to disclose any Registration Data/Account information to law enforcement authorities, government official, and/or third party, as Kaos Krew Records believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Kaos Krew Records right to cooperate with any legal process relating to your use of the Website and/or Content, and/or a third party claim that your use of the Website and /or Content is unlawful and/or infringes such third party’s rights).
31. NO RESPONSIBILITY FOR THIRD-PARTY MATERIALS OR WEB SITES
The Website may include Products, Content, and services from third parties available via the Website. Kaos Krew Records may include links to third party websites, which are provided solely as a convenience to you. Kaos Krew Records assumes no liability or responsibility for third-party materials or websites, and you acknowledge and agree that Kaos Krew Records is not responsible for evaluating or examining the content or accuracy of any such third-party material or websites.
32. INDEMNITY AND WAIVER
By using the Website you agree to defend, indemnify and hold harmless Kaos Krew Records and its agents, employees, directors, contractors, representatives, licensors, technology providers, affiliates, parents and subsidiaries from and against any and all claims, losses, demand, causes of action and judgments (including attorney’ fees and court costs) arising from or concerning your breach of this Agreement and your use of the Website or the Content and to reimburse them on demand for any losses, costs or expenses they incur as a result thereof. You shall not sue or seek to recover any damages or other payment from Kaos Krew Records and its agents, representatives, employees, Licensors, affiliates, content and technology providers, and any parent or subsidiary company as a result of its decision to terminate or suspend the Agreement and service hereunder.
33. TERMINATION / CANCELLATION
If you fail, or Kaos Krew Records suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to: failure to make payment of fees due, failure to provide Kaos Krew Records with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, using your Account for activities Kaos Krew Records believes violate the intentions or integrity of its platform including violation of a third party’s intellectual property rights and squatting usernames or profile accounts, as well as using explicit language or indecent photographs/videos in any profiles, or any other violation of this Agreement or any license to the software, Kaos Krew Records, at its sole discretion, without notice to you may: (i) terminate this Agreement and /or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) preclude your access to the Website (or any part thereof), and seek any other lawful remedy available.
34. GOVERNING LAW
The Kaos Krew Records web site is hosted, controlled and operated from the Republic of South Africa and therefore the South African law as enforced by the South African courts governs the use or inability to use the Kaos Krew Records web site, its content, services as well as these terms and conditions. Your use of the Website may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Kaos Krew Records or relating in any way to your use of the Website resides in the courts of the Western Cape, South Africa.
35. DISCLAIMERS AND LIMITATIONS OF LIABILITY
(a) You agree that from time to time Kaos Krew Records may remove the Website, or portions of the Website, for indefinite periods of time, or cancel the Website, or portions of the Website, at any time, with or without notice to you.
(b) Kaos Krew Records makes no warranty that any particular CD burner, browser, or portable device will be compatible with the Website or any Content offered on the Website.
(c) Under no circumstance shall Kaos Krew Records be liable for any unauthorized use of the Website or its Content.
(d) 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, Kaos Krew Records shall be entitled to the maximum disclaimers and/or limitation on damages and legality available at law or in equity by such applicable law in such particular circumstance, and in no event shall such damages or liability exceed US $10.
(e) All Content on this Website is provided to you on an “as is” “as available” basis without warranty of any kind either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Kaos Krew Records makes no warranty as to the accuracy, completeness, currency, or reliability of any content or third party links available through the website. You are responsible for verifying any information before relying on it. Use of the Website and the Content available on the Website is at your sole risk. Kaos Krew Records makes no representations or warranties that use of the website will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any content you may obtain from the Website is free of viruses.
(f) Kaos Krew Records specifically disclaims any liability, whether based in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the website, even if Kaos Krew Records has been advised of the possibility of such damages, including but not limited to reliance by any party on any content obtained through the use of the website, or that arises in connection with mistakes or omissions in, or delays in transmission of, information or content to or from the user, interruptions in telecommunications connections to the website or viruses, whether caused in whole or in part by negligence, acts of God, telecommunications failure, theft or destruction of, or unauthorized access to the website, or related information or programs.
B. KAOS KREW RECORDS NEWS AND BLOG
1. GENERAL TERMS AND CONDITIONS
This is a legal agreement (“Agreement”) between you and Kaos Krew Records. By interacting with the content on our blog (“Kaos Krew Records News”), you agree to and are bound by the terms of this Agreement. You must accept and abide by these terms as presented to you, and Kaos Krew Records reserves the right to change, add, or remove portions of this Agreement at any time. If you do not agree to the terms provided for in this Agreement, please do not use Kaos Krew Records News.
By using Kaos Krew Records News, you additionally signify your agreement to the Kaos Krew Records Terms and Conditions provided in Section A.
2. AGE REQUIREMENT
Kaos Krew Records News contains comment sections in which you may post or upload comments and interact with the web site and other users (collectively, “User Comments”). By using the Kaos Krew Records News website or submitting User Comments, you represent that you are 13 years of age or older and, if you are under 18, you have obtained the legal consent of your parent or legal guardian to enter into this Agreement, submit content, interact with the Kaos Krew Records News platform, and fulfill the obligations set forth herein.
3. RULES OF CONDUCT
If you submit any User Comments within or in connection with Kaos Krew Records News, you agree to abide by the following rules of conduct:
(i) You agree not to upload, post, or otherwise transmit any User Comments that violates or infringes upon the rights of others, including any statements which may defame, harass, stalk or threaten others, or is offensive to the Kaos Krew Records community, including blatant expressions of bigotry, racism, abusiveness, vulgarity, profanity, or language that is generally considered hateful;
(ii) You agree not to upload, post or otherwise transmit any User Comments that violates any law or engage in activity that would constitute a criminal offense or give rise to a civil liability;
(iii) You agree not to upload, post or otherwise transmit User Comments which contain advertising, unrelated links to third party websites, unrelated links to content on the Kaos Krew Records platform, or any solicitation with respect to products or services;
(iv) You agree not to create or transmit unwanted electronic communications such as “spam,” or otherwise interfere with others’ use of Kaos Krew Records News;
(v) You agree not to upload, post or otherwise transmit User Comments that do not generally pertain to the content on Kaos Krew Records News;
(vi) You agree not to impersonate any person or entity, including, but not limited to, any Kaos Krew Records employee or representative, or falsely state or otherwise misrepresent your affiliation with any person or entity;
(vii) You agree not to interfere with any other user’s right to privacy, including posting private information about a third party or attempting to contact another user on the platform;
(viii) You agree not to upload, post, or otherwise transmit any User Comments protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right; and,
(ix) You acknowledge that Kaos Krew Records is not responsible for any User Comments submitted on Kaos Krew Records News.
Kaos Krew Records shall have the right, but not the obligation, to monitor User Comments posted or uploaded and to determine compliance with this Agreement and to satisfy any law, regulation or authorized government request. Although Kaos Krew Records has no obligation to monitor, screen, edit or remove any of the User Comments posted or uploaded, Kaos Krew Records reserves the right, and has absolute discretion, to screen, edit, refuse to post or remove without notice any User Comments posted or uploaded to Kaos Krew Records News at any time and for any reason.
4. LICENSE TO USER COMMENTS
By submitting User Comments to Kaos Krew Records News, you grant Kaos Krew Records the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such User Comments (in whole or in part) worldwide in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Comments. Additional uses by Kaos Krew Records, or other companies, organizations or individuals who partner with Kaos Krew Records, may be made with no compensation paid to you with respect the User Comments that you submit, post, transmit or otherwise make available on Kaos Krew Records News.
5. RELIABILITY OF CONTENT
The content provided for on Kaos Krew Records News is editorial in nature. To the extent permitted by law, Kaos Krew Records does not accept any responsibility for any statement provided for on Kaos Krew Records News. Opinions and other statements expressed by DJs, interview subjects, profiled personalities, content contributors, and User Comments, are theirs alone and do not necessarily represent the opinions of Kaos Krew Records. The accuracy and completeness of any information provided herein is not endorsed or guaranteed and you acknowledge that Kaos Krew Records is not undertaking any obligation or liability relating to the content. For the avoidance of confusion, Kaos Krew Records will not be liable for any loss caused as a result of your doing or not doing, anything as a result of viewing, reading, or listening to any content provided for on Kaos Krew Records News.
6. SUGGESTIONS AND OTHER SUBMISSIONS
Any feedback, suggestions, ideas, videos, stories, or other similar submissions (“Ideas”) disclosed, submitted, or offered to Kaos Krew Records in connection with Kaos Krew Records News, via email, User Comments, text, oral, or other communication with Kaos Krew Records shall be the exclusive property of Kaos Krew Records. You agree that unless otherwise prohibited by law, Kaos Krew Records may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to you.