TERMS & CONDITIONS
The following terms and conditions govern and control all use of our Site and all music, content, information and products available through this Site. Your use of our Site and our services and products constitutes your acceptance without modification of all of the terms and conditions which are set forth below; and should you elect to become a customer or licensee using our products, the terms and conditions contained in our separate Agreement shall also be applicable and shall govern your use of our Site and content.
Please note that you must be at least 13 years of age to use this Site.
Should you wish to become a customer of Level 77 Music (“Level 77 Music”) and license the use of our music products (the “Content”), you agree to the terms and conditions set forth in our separate agreement governing such use (the “Agreement”).
2. Intellectual Property to the Content.
(a) This Agreement does not transfer any ownership of our Content to you or any other person or entity affiliated with you. Level 77 Music reserves and owns all right, title and interest, including the exclusive worldwide copyright in and to the Content. For the purpose of the Site, the term “Content” shall also be deemed to include our tradename, trademarks and logos. Your use and access of this Site does not grant to you or convey a right or license to reproduce our name, trademarks or logos without our prior written consent.
(b) You also agree not to modify, reproduce, create derivative works from, change, license to others or use our Content except as expressly provided in the Agreement.
(c) You agree not to use in any way or induce a third party to use in any way, our Content or business model used on or available through this Site, either for your own or a third party’s commercial benefit, and specifically including not offering cheer industry customized music mixes.
3. Right to Terminate.
Level 77 Music hereby disclaims all warranties, whether express or implied, of merchantability and fitness of the Site or the Content for a particular purpose. Neither Level 77 Music or its Site Vendors make any warranty that the Site will be error-free or that access to our Site will be uninterrupted. You acknowledge that your use of our Site and Content will be at your sole risk and responsibility, except that we do warrant that our Content does not infringe upon the rights of any third party.
5. Limitation of Liability and Indemnification.
(a) Under no circumstances will Level 77 Music or its affiliates, principals, officers or employees be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages (including lost profits) that arise out of or are related to the use of this Site or the unauthorized use of our Content.
(b) You agree that injunctive relief shall provide you with a good and sufficient remedy for any complaints against Level 77 Music arising out of its services and agree that you will not subsequently claim that such remedy or the remedy and damages limitations provisions of these terms have “failed of their essential purpose.”
(c) You agree to defend, indemnify and hold Level 77 Music and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any liability to third parties, including reasonable attorneys’ fees, arising from or related to your breach of these terms or of the Agreement.
(d) Level 77 Music respects the intellectual property rights of others and required that its Site visitors and licensees do the same. If you believe that any Content on the Site or other activity taking place on the site constitutes infringement of a work protected by copyright, please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”) to respond to such concerns, as follows:
Level 77 Entertainment, L.L.C.
1425 Market Boulevard, Suite 530-262
Roswell, Georgia 30076
Attn: Compliance Department
This Agreement constitutes the entire agreement between Level 77 Music and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Level 77 Music. This Agreement, any access to or use of the Site will be governed by the laws of the State of Georgia, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Fulton County, Georgia. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by one (1) mutually appointed arbitrator appointed in accordance with such Rules. The arbitration shall take place in Atlanta, Georgia and the arbitrator’s decision may be enforced in any court. The prevailing party in any action or proceeding shall be entitled to costs and reasonable attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. This Agreement will be binding upon you and Level 77 Music, as well as our successors and assigns.