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1. Definitions
Raulomusic.com is the interactive Web site on the Internet managed and owned by Ram records and tapes Inc., consisting of informational services and content provided by raulomusic.com; Ram records and tapes Inc., affiliates and other third parties. "Subscriber" means each person who establishes or accesses a connection ("Account") for access to and use of raulomusic.com.
2. General
(A) This Agreement sets forth the terms and conditions that apply to use of raulomusic.com by Subscriber. By using raulomusic.com (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. The right to use raulomusic.com is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber's Account (under any screen name or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password(s), if any.
(B) Raulomusic.com and/or Ram records and tapes Inc. shall have the right at any time to change or discontinue any aspect or feature of raulomusic.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3. Changed Terms
raulomusic.com shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of raulomusic.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on raulomusic.com, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of raulomusic.com by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications, or additions.
4. Equipment
Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of raulomusic.com and all charges related thereto.
5. Subscriber Conduct
(A) Subscriber shall use raulomusic.com for lawful purposes only. Subscriber shall not post or transmit through raulomusic.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without raulomusic.com express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by Subscriber that in raulomusic.com and Ram records and tapes Inc., discretion restricts or inhibits any other Subscriber from using or enjoying raulomusic.com will not be permitted. Subscriber shall not use raulomusic.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other online informational services competitive with raulomusic.com.
(B) Raulomusic.com contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound. The entire contents of raulomusic.com are copyrighted as a collective work, and as works of contributing musicians, under the United States copyright laws. Raulomusic.com and/or Ram records and tapes Inc. own a copyright in the music, lyrics, arrangements, and enhancement of such content, as well as in the content original to it. Images and original music used on this site were obtained from Raul Arrarte and Ram records and tapes Inc. who own the exclusive copyright to those works. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber's personal use only by purchase. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of raulomusic.com, Ram records and tapes Inc. and the copyright owner(s). In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by buying and downloading copyrighted material.
(C) Subscriber shall not upload, post, or otherwise make available on raulomusic.com any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting ideas and/or wordings already copyrighted and/or owned by other party and such material is to create by raulomusic.com an original song, Subscriber automatically grants, or warrants, that the owner of such material has expressly granted raulomusic.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store, or reproduce the material for that Subscriber's personal use. Subscriber hereby grants raulomusic.com the right to edit, copy, publish, and distribute any material made available on raulomusic.com by Subscriber.
(D) The foregoing provisions of Section 5 are for the benefit of raulomusic.com, its subsidiaries, affiliates, and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF RAULOMUSIC.COM IS AT SUBSCRIBER'S SOLE RISK. NEITHER RAULOMUSIC.COM, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT RAULOMUSIC.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF RAULOMUSIC.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH RAULOMUSIC.COM.
(B) RAULOMUSIC.COM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT RAULOMUSIC.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
(D) IN NO EVENT WILL RAULOMUSIC.COM, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING RAULOMUSIC.COM, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE RAULOMUSIC.COM. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON RAULOMUSIC.COM.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER RAULOMUSIC.COM, NOR ITS AFFILIATES, INFORMATION PROVIDERS, OR CONTENT PARTNERS, SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN RAULOMUSIC.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. RAULOMUSIC.COM, ITS AFFILIATES, INFORMATION PROVIDERS, OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER RAULOMUSIC.COM, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS, WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE IS NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
7. Monitoring
RAULOMUSIC.COM shall have the right, but not the obligation, to monitor the content of Raulomusic.com, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Raulomusic.com and to satisfy any law, regulation or authorized government request. Raulomusic.com shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on raulomusic.com. Without limiting the foregoing, raulomusic.com shall have the right to remove any material that raulomusic.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
8. Indemnification
Subscriber agrees to defend, indemnify, and hold harmless raulomusic.com, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of raulomusic.com by Subscriber or Subscriber's Account.
9. Termination
Either raulomusic.com or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, raulomusic.com shall have the right to immediately terminate Subscriber's Account in the event of any conduct by Subscriber which raulomusic.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement.
10. Trademarks
Raulomusic.com and Ram records and tapes Inc. and each of their logos are trademarks of Ram records and tapes Inc. All rights reserved. All other trademarks appearing on raulomusic.com are the property of their respective owners.
11. Third Party Content
raulomusic.com is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, raulomusic.com has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of raulomusic.com, are those of the respective author(s) or distributor(s). Neither raulomusic.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through raulomusic.com represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with raulomusic.com. Raulomusic.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on raulomusic.com by anyone other than authorized raulomusic.com employee spokespersons or members of raulomusic.com’s Board of Directors while acting in their official capacities. Under no circumstances will raulomusic.com be liable for any loss or damage caused by a Subscriber's reliance on information obtained through raulomusic.com. It is the responsibility of Subscriber to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through raulomusic.com. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content.
12. Miscellaneous
This Agreement and any operating rules for raulomusic.com established constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Florida, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
13. Copyrights and Copyright Agent
Raulomusic.com respects the rights of all copyright holders, and in this regard, has adopted and implemented a policy that provides for the termination--in appropriate circumstances--of subscribers and account holders who infringe the rights of copyright holders.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act please contact:
Copyright & Government Affairs Department.
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