ARTICLE 1: INTRODUCTION
1.1 General Overview
Welcome to the B.A.M.E. Records Label website (“we,” “us,” or “our”). These Terms of Service (“Terms”) govern your use of our website and the services provided therein (“Service”). By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy.
1.2 Acceptance of Terms
By accessing or using the Service, you signify that you have read, understood, and agreed to be bound by these Terms and to the collection and use of your information as set forth in our Privacy Policy. These Terms apply to all visitors, users, and others who access or use the Service (“Users”).
1.3 Modifications to Terms
We reserve the right to modify these Terms at any time. We will indicate the date of the latest revision at the top of this page. It is your responsibility to review these Terms periodically. Your continued use of the Service after any modifications constitutes your acceptance of the new Terms.
ARTICLE 2: USER ACCOUNT
2.1 Registration
To access certain features of the Service, you may be required to register. You agree to provide and maintain accurate, current, and complete information as prompted by the registration form. Registration data and other information about you are governed by our Privacy Policy.
2.2 Account Security
You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. Ensure that you exit from your account at the end of each session when accessing the Service. We will not be liable for any loss or damage arising from your failure to comply with this Section.
ARTICLE 3: USE OF SERVICE
3.1 Access and Use
We grant you a non-exclusive, revocable, and limited right to use the Service during the term of this Agreement.
3.2 Prohibited Activities
You agree not to engage in any of the following prohibited activities:
ARTICLE 4: INTELLECTUAL PROPERTY
4.1 Respect for Intellectual Property Rights
We respect the intellectual property rights of others and expect our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us in accordance with the procedure set forth below.
4.2 Copyright Infringement Notification
To report a copyright infringement, please provide our Copyright Agent with the following information:
4.3 Counter-Notification
If you believe that your content that was removed or disabled is not infringing, you may send a counter-notice to the Copyright Agent containing the following information:
4.4 Repeat Infringers
In accordance with the Copyright, Designs and Patents Act 1988 and other applicable laws, B.A.M.E. Records has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. B.A.M.E. Records may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
ARTICLE 5: RIGHTS AND OBLIGATIONS
5.1 Rights You Grant Us
By submitting content to the Service, you grant B.A.M.E. Records a non-exclusive, transferable, royalty-free, perpetual, worldwide right to store, parse, stream, and translate your content in connection with the Service.
5.2 Feedback
If you provide us with feedback, you grant B.A.M.E. Records a perpetual, irrevocable, royalty-free right to use that feedback in any way without compensation or attribution to you.
5.3 Limited License
We grant you a non-exclusive, revocable, and limited right to use the Service during the term of this Agreement.
5.4 Intellectual Property
B.A.M.E. Records retains all rights to its trademarks, service marks, trade names, logos, domain names, and other features of the brand. You are not granted the right to use any part of the B.A.M.E. Records brand under this Agreement.
ARTICLE 6: REPRESENTATIONS AND WARRANTIES
6.1 User Representations and Warranties
You represent and warrant that you own all right, title, and interest in and to any content you upload to or submit via the Service, including without limitation all copyrights and rights of publicity contained therein.
ARTICLE 7: SERVICE LIMITATIONS
7.1 Service Interruptions
B.A.M.E. Records is subject to intended or unintended service interruptions. The Service can be changed, interrupted, or eliminated at any time for any reason at the sole discretion of B.A.M.E. Records. In the event of an interruption, data loss, or elimination of the Service, B.A.M.E. Records shall not be liable for any losses that occur.
ARTICLE 8: PAYMENTS AND FEES
8.1 Payment Terms
If you elect to access any paid component of the Service, such as becoming a subscriber or purchasing credits, you agree to pay all fees and charges associated with the subscription or credit purchase on a timely basis. If your payment fails, access to the Service will be prohibited until resolved. B.A.M.E. Records reserves the right to delete your subscription and profile if it remains unpaid and inactive after a period of six (6) months.
8.2 Non-Refundable Fees
Unless otherwise stated, all fees and charges are due and payable in advance, are non-refundable, and are exclusive of any applicable federal, state, or local taxes. All such fees and charges (including any taxes and late fees, as applicable) will be charged to the payment method you provided when you elected to access that paid component of the Service(s).
ARTICLE 9: DISCLAIMER OF WARRANTIES; LIMITATIONS OF LIABILITY
9.1 Disclaimer of Warranties
Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. B.A.M.E. Records expressly disclaims all warranties of any kind, whether express, implied, or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. B.A.M.E. Records makes no warranty that:
9.2 Limitation of Liability
You expressly understand and agree that B.A.M.E. Records will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits, including but not limited to damages for loss of goodwill, use, data, or other intangible losses (even if B.A.M.E. Records has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability, or otherwise, resulting from:
In no event will B.A.M.E. Records’ total liability to you for all damages, losses, or causes of action exceed the amount you have paid to B.A.M.E. Records in the last six (6) months, or if greater, one hundred pounds (£100).
Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations set forth above may not apply to you or be enforceable with respect to you. If you are dissatisfied with any portion of the Service or with these Terms of Service, your sole and exclusive remedy is to discontinue use of the Service.
ARTICLE 10: INDEMNIFICATION
10.1 General
You agree to defend, indemnify, and hold harmless B.A.M.E. Records and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorney’s fees) arising from:
ARTICLE 11: TERMINATION
11.1 Termination by You
You may terminate your account at any time by following the instructions on the Service. If you terminate your account, you will remain responsible for all fees and charges incurred up to and including the date of termination, and you will not be entitled to any refund.
11.2 Termination by Us
We may terminate or suspend your account or access to the Service at any time, without prior notice or liability, if you breach any of the terms or conditions of this Agreement, or for any other reason. Upon termination of your account, your right to use the Service will immediately cease. All provisions of this Agreement which by their nature should survive termination will survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
ARTICLE 12: MISCELLANEOUS
12.1 Governing Law
These Terms of Service and any action related thereto will be governed by the laws of England and Wales without regard to its conflict of law principles.
12.2 Dispute Resolution
Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
12.3 Entire Agreement
These Terms constitute the entire agreement between you and us regarding the use of the Service and supersede any prior or contemporaneous understandings and agreements between you and us relating thereto.
12.4 No Waiver
Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of B.A.M.E. Records.
12.5 Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
12.6 Contact Information
If you have any questions about these Terms, please contact us at info@bamerecords.com.
ARTICLE 13: PRIVACY POLICY
13.1 Data Collection
We collect and use your personal data in accordance with our Privacy Policy. By using the Service, you consent to such processing and you warrant that all data provided by you is accurate.
13.2 Data Usage
We use the collected data to operate and provide our services, to improve our service offerings, to communicate with you, and to protect against fraud and misuse.
13.3 Data Protection Rights
Depending on your location, you may have certain rights regarding your personal data, including the right to access, correct, or delete your data, and the right to object to or restrict certain processing of your data.
ARTICLE 14: THIRD-PARTY LINKS AND SERVICES
14.1 Third-Party Services
Our Service may contain links to third-party websites or services that are not owned or controlled by B.A.M.E. Records. B.A.M.E. Records has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
14.2 Acknowledgement
You acknowledge and agree that B.A.M.E. Records shall not be responsible or liable, 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 content, goods, or services available on or through any such third-party websites or services.
ARTICLE 15: USER-GENERATED CONTENT
15.1 Content Responsibility
You are solely responsible for the content you upload, submit, or transmit via the Service. You agree not to upload, submit, or transmit any content that:
15.2 Content Removal
We reserve the right to remove any content that violates these Terms or that we deem inappropriate in our sole discretion. We also reserve the right to terminate or suspend your account if you violate these content guidelines.
ARTICLE 16: COOKIES AND TRACKING TECHNOLOGIES
16.1 Use of Cookies
We use cookies and similar tracking technologies to track the activity on our Service and hold certain information. Cookies are files with a small amount of data that are stored on your device. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
16.2 Types of Cookies
ARTICLE 17: CHANGES TO THE SERVICE
17.1 Modifications and Updates
We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the Service (or any part thereof) at any time and for any reason, with or without notice. You agree that B.A.M.E. Records shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
ARTICLE 18: CONTACT INFORMATION
18.1 How to Contact Us
If you have any questions about these Terms of Service, please contact us:
We will respond to your inquiries as soon as possible and will make every effort to address any issues promptly.
ARTICLE 19: LIMITATION OF LIABILITY
19.1 Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall B.A.M.E. Records, its affiliates, directors, employees, or its licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
ARTICLE 20: INDEMNIFICATION
20.1 Indemnity
You agree to defend, indemnify, and hold harmless B.A.M.E. Records, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from:
ARTICLE 21: DISPUTE RESOLUTION
21.1 Governing Law
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
21.2 Mandatory Arbitration
For any dispute you have with B.A.M.E. Records, you agree to first contact us and attempt to resolve the dispute with us informally. If B.A.M.E. Records has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the Judicial Arbitration and Mediation Services (JAMS).
ARTICLE 22: MISCELLANEOUS
22.1 Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect. The invalid or unenforceable provision will be replaced by a valid, enforceable provision that comes closest to the intention underlying the invalid or unenforceable provision.
22.2 Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and B.A.M.E. Records concerning the Service.
22.3 No Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and B.A.M.E. Records’ failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
22.4 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without B.A.M.E. Records’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. B.A.M.E. Records may assign or transfer these Terms at its sole discretion without restriction.
22.5 Notices
We may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Service.
ARTICLE 23: CONTACT INFORMATION
23.1 How to Contact Us
If you have any questions or concerns about these Terms, the Service, or the policies of B.A.M.E. Records, please contact us at:
B.A.M.E. Records Label
Email: info@bamerecords.com
Address: [Your Address Here]
23.2 Feedback and Support
We welcome your feedback about our Service. If you need any assistance or have any suggestions to improve our Service, please reach out to us via email or through the contact form on our website.
23.3 Legal Notices
All legal notices or demands to or upon B.A.M.E. Records shall be made in writing and sent to B.A.M.E. Records personally, by courier, certified mail, or email to the following address: [Your Address Here].
23.4 Language
These Terms of Service are drafted in the English language. If they are translated into any other language, the English language text shall prevail.
ARTICLE 24: ACKNOWLEDGMENT
By using the Service, you acknowledge that you have read these Terms of Service and agree to be bound by them.
Last Update on July 4, 2024