TERMS OF USE

1.  Copyright and Trademark Notices

All contents of this web site are copyright © 2005 jd8 Records, LLC.  The jd8 Records logo and name are trademarks of jd8 Records, LLC.  Any unauthorized use, reproduction, duplication, manufacturing, distribution, license, sale, or other commercialization or marketing of any of the contents contained on this web site or any goods or services bearing the jd8 Records logo or company name is strictly prohibited by applicable law.  All rights are reserved. 

2.  No Unlawful or Prohibited Use

The user agrees that user will not use the web site for any purpose that is unlawful, contrary to public policy, or prohibited by the policies, terms, and conditions contained herein.  This web site is offered by jd8 Records, LLC to the user conditioned upon acceptance of the policies, terms, and conditions contained herein (this “agreement”) without modification.  By accessing and using this web site, the user is deemed to have agreed to all such policies, terms, and conditions without modification.

3.  Use of E-Mail or Other Communication Forums

To the extent this web site contains e-mail, message boards, bulletin boards, “chat rooms,” or other communication facilities (collectively, “forums”), the user agrees to use such forums only to send and receive messages and material that are proper and related to the particular forum.  By way of example, and not as a limitation, the user agrees that when using a forum, the user shall not do any of the following:

1. Defame, abuse, harass, stalk, threaten, or otherwise violate any applicable laws or the legal rights (including, without limitation, rights of privacy and publicity) of others;
2. Publish, distribute, or disseminate any defamatory, infringing, obscene, indecent, or otherwise unlawful material or information;
3. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless the user owns or controls the rights thereto or has received all necessary consents;
4. Upload files that contain viruses, “worms,” “Trojan horses,” “spyware,” corrupted files, or any other similar data, information, software or programs that may damage or affect the operation of the web site or another’s computer;
5. Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded;
6. Falsify the origin or source of any data, information, software, or other material contained in a file that is uploaded;
7. Modify, copy, manufacture, distribute, sell, or otherwise commercialize or market any data, information, software, or other material contained in a file that is downloaded without the express written consent of the owner of the data, information, software or other material; or
8. Advertise of offer to sell any goods or services, or engage in surveys, contests, “spam,” or chain letters.

User agrees to send and receive e-mail and other electronic information and otherwise use this web site only as permitted by these terms and conditions and any additional policies or procedures established by applicable law.  User acknowledges that e-mails any such other communication forums hosted by this web site are public and not private communications.  jd8 Records, LLC reserves the right, in its sole and absolute discretion, to monitor and modify any e-mails, communications, data, software, and other materials sent or received by users via or in connection with any forums hosted by this web site and reserves the right, in its sole and absolute discretion, to deny any user access to such forums or all or any portion of this web site without notice.

4.  Refunds and Returns

jd8 Records will re-ship orders that have been damaged in shipping and are returned to us, based on the information received and subject to verification.  Except as noted in the preceding sentence, we do not accept any refunds, returns, or cancellations once products are shipped.

jd8 Records is not responsible for undeliverable addresses or incorrect recipient names and addresses.

5.  Limitation of Liability and Warranty Disclaimers

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.  JD8 RECORDS, LLC MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THIS WEB SITE AT ANY TIME.  JD8 RECORDS, LLC MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE.  ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.  JD8 RECORDS, LLC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.  IN NO EVENT SHALL JD8 RECORDS, LLC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH ANY DELAY OR INABILITY TO USE THIS WEB SITE, OR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.

6.  Links to Third Parties’ Web Sites

This web site may contain links to web sites operated by third parties other than jd8 Records, LLC.  Such links are provided for the user’s reference only.  jd8 Records, LLC does not control such web sites and is not responsible for their contents.  jd8 Records, LLC inclusion of links to such web sites does not imply any endorsement, approval, or sponsorship of the material on such web sites or their operators or any other association or affiliation with such operators.

7.  Modification of These Terms and Conditions

jd8 Records, LLC reserves the right to change these policies and the terms of this agreement at any time by revising the policies, terms, and conditions herein.  The user is responsible for regularly viewing these policies, terms, and conditions and continued use of this web site following any such changes shall constitute the user’s acceptance of such changes.

8.  Miscellaneous

This agreement shall be deemed to have been made in the State of California, U.S.A. and shall be interpreted in accordance with the law of the State of California, without regard to its conflicts of law principles.  The parties consent to the exclusive jurisdiction of the state and federal courts in the County of Los Angeles, California, U.S.A. for the determination of any claim or controversy between the parties arising out of or relating to this agreement, and both parties hereby waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis. 

User acknowledges and agrees that no joint venture, partnership, employment, contractor, or agency relationship exists between the user and jd8 Records, LLC as a result of this agreement or use of this web site.  User agrees not to hold himself or herself out as a representative, joint venturer, partner, employee, contractor, or agent of jd8 Records, LLC and jd8 Records, LLC shall not be liable for any representation, act, or omission of the user.

jd8 Records, LLC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement shall limit or otherwise derogate jd8 Records, LLC’s right to comply with applicable laws and legal process or law enforcement requests or requirements relating to the user’s use of this web site or information provided to or gathered by jd8 Records, LLC with respect to such use.

As a condition to use of this web site, the user agrees to indemnify and hold jd8 Records, LLC harmless from and against any and all liabilities, damages, loss, costs, and expenses (including, without limitation, reasonable attorneys’ fees) arising out of any claims, actions, suits, court orders, judgments, or other proceedings (collectively, “claims”) resulting or arising from user’s use of this web site, including, without limitation, any claims alleging facts that, if true, would constitute a breach of this agreement.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall be severable and continue in effect.

This agreement constitutes the entire agreement between the user and jd8 Records, LLC with respect to this web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user jd8 Records, LLC with respect to this web site.  A printed version of this agreement and of any notice given in electronic form will be admissible in any arbitration or judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.