Read This Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on February 8, 2008.
This Terms of Use Agreement sets forth the standards of use of the ripstyles.com website and services. By using the website you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at Ripstyles.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
Ripstyles LLC (“Ripstyles.com”) is providing Member with music and media conversion services. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection.
The site is provided ripstyles.com
on an “as is” and on an “as available” basis. To the fullest
extent permitted by applicable law, ripstyles.com makes no representations
or warranties of any kind, express or implied, regarding the use or
the results of this web site in terms of its correctness, accuracy,
reliability, or otherwise. ripstyles.com shall have no liability for
any interruptions in the use of this Website Ripstyles LLC/ripstyles.com
disclaims all warranties with regard to the information provided, including
the implied warranties of merchantability and fitness for a particular
purpose, and non-infringement. Some jurisdictions do not allow
the exclusion of implied warranties, therefore the above-referenced
exclusion is inapplicable.
RIPSTYLES.COM SHALL NOT be
liable for any damages whatsoever, and in particular
ripstyles.com shall not be liable for any special, indirect, consequential,
or incidental damages, or damages for lost profits, loss of revenue,
or loss of use, arising out of or related to this web site or the information
contained in it, whether such damages arise in contract, negligence,
tort, under statute, in equity, at law, or otherwise, even if ripstyles.com
has been advised of the possibility of such damages. SOME JURISDICTIONS
DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS
INAPPLICABLE. IN NO EVENT WILL ripstyles.com OR ITS AFFILIATES, SUPPLIERS
OR SERVICE PROVIDERS BE LIABLE FOR, NOR MAKE ANY ADJUSTMENT, REFUND
OR CREDIT OF ANY KIND FOR, ANY LOSS, CORRUPTION, DELAY, INCLUSION, OMISSION,
SHIPMENT, MISDELIVERY, NONDELIVERY, MISINFORMATION, OTHER DIRECT OR
INDIRECT DAMAGES, OR FAILURE TO PROVIDE CONVERTED MATERIALS, OR SHIPPING
SERVICES TO THE EXTENT CAUSED BY OR RESULTING FROM: A. YOUR ACTS, DEFAULTS
OR OMISSIONS; YOUR VIOLATION OF ANY OF THESE TERMS AND CONDITIONS
CONTAINED HEREIN. YOUR FAILURE TO PROVIDE AN ACCURATE SHIPPING ADDRESS
OR OTHER PERTINENT INFORMATION; ACTS, DEFAULTS OR OMISSIONS OF ANY PERSON
OR ENTITY OTHER THAN ripstyles.com, INCLUDING OUR COMPLIANCE WITH VERBAL
OR WRITTEN INSTRUCTIONS FROM THE SENDER, RECIPIENT OR PERSONS CLAIMING
TO REPRESENT THE SHIPPER OR RECIPIENT; OUR INABILITY TO PROVIDE A COPY
OF THE DELIVERY RECORD OR A COPY OF THE SIGNATURE OBTAINED AT DELIVERY;
OUR FAILURE TO PROVIDE A VALID SHIPPING ACCOUNT NUMBER IN GOOD CREDIT
STANDING IN THE BILLING INSTRUCTIONS ON SHIPPING DOCUMENTATION; OUR
FAILURE TO NOTIFY YOU OF ANY DELAY, LOSS OR DAMAGE IN CONNECTION WITH
YOUR SHIPMENT OR ANY INACCURACY IN SUCH NOTICE; OUR RELEASE OF SHIPMENTS
WITHOUT OBTAINING A SIGNATURE IF A SIGNATURE RELEASE IS ON FILE. NO
ACTION ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT BY YOU MORE THAN
ONE (1) YEAR AFTER THE EVENT GIVING RISE TO THE LIABILITY. YOU ALSO
AGREE TO PROVIDE TRUE, ACCURATE AND COMPLETE INFORMATION ON THE SERVICE
AGREEMENT FORM
Member agrees to indemnify and hold ripstyles.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
Ripstyles.com reserves the right to modify or discontinue the Service with or without notice to the Member. Ripstyles.com shall not be liable to Member or any third party should ripstyles.com exercise its right to modify or discontinue the Service. Member acknowledges and accepts that ripstyles.com does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.
Product specifications and
other information have either been provided by the Vendors or collected
from publicly available sources. While ripstyles.com makes every effort
to ensure that the information on this website is accurate, we can make
no representations or warranties as to the accuracy or reliability of
any information provided on this website.
ripstyles.com makes no warranties
or representations whatsoever with regard to any product provided or
offered by any Vendor, and you acknowledge that any reliance on representations
and warranties provided by any Vendor shall be at your own risk.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
All content included or available
on this site, including site design, text, graphics, interfaces, and
the selection and arrangements thereof is ©2007 Ripstyles LLC/ripstyles.com
with all rights reserved, or is the property of Ripstyles LLC/ripstyles.com
and/or third parties protected by intellectual property rights.
Any use of materials on the website, including reproduction for purposes
other than those noted above, modification, distribution, or replication,
any form of data extraction or data mining, or other commercial exploitation
of any kind, without prior written permission of an authorized officer
of Ripstyles LLC/ripstyles.com is strictly prohibited. Members
agree that they will not use any robot, spider, or other automatic device,
or manual process to monitor or copy our web pages or the content contained
therein without prior written permission of an authorized officer of
Ripstyles LLC/ripstyles.com.
Ripstyles LLC and ripstyles.com™
are proprietary marks of ripstyles.com. Ripstyles’s trademarks
may not be used in connection with any product or service that is not
provided by [Insert Name of Company], in any manner that is likely to
cause confusion among customers, or in any manner that disparages or
discredits Ripstyles.
All other trademarks displayed
on ripstyles.com website are the trademarks of their respective owners,
and constitute neither an endorsement nor a recommendation of those
Vendors. In addition, such use of trademarks or links to the web
sites of Vendors is not intended to imply, directly or indirectly, that
those Vendors endorse or have any affiliation with ripstyles.com.
Pursuant to Section 512(c)
of the Copyright Revision Act, as enacted through the Digital Millennium
Copyright Act, Ripstyles LLC/ripstyles.com designates the following
individual as its agent for receipt of notifications of claimed copyright
infringement.
By Mail
Ripstyles LLC
2487 S. Gilbert Rd.
Suite 106-626
Gilbert, Arizona 85295
By Telephone: www.ripstyles.com for phone number
By Email: info@ripstyles.com
Ripstyles LLC retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Ripstyles LLC reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Ripstyles LLC, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
If after 30-days you decide to not complete a transaction with Ripstyles LLC, you will be charged for the Ripstyles LLC materials that were sent to you at a flat rate of $20 USD per carton plus shipping & handling.
Copyright Material.
This service is used to transform your own materials into a digital
format. It is only available for conversion of materials you are authorized
or legally permitted to change in format, materials in which you own
the relevant copyrights, or materials which lack copyright protection.
It is your responsibility to ensure compliance with the Copyright Act
of 1976 and its amendments. You may not authorize, encourage or allow
any resulting digital files to be used in a manner which would not be
in accordance with any state or federal regulations. You agree to hold ripstyles.com harmless from any actual or alleged violation of copyright
laws. If you are uncertain about your right to copy, convert or permit
access to any material, you should contact your legal advisor.
If any products supplied
by ripstyles.com are found to be defective, you may return those items
within 30 days in order for ripstyles.com to diagnose the problem and
provide a replacement if deemed necessary. At our option, we will either
refund or credit the charges you paid for the services (including shipping
charges, if applicable) To obtain a refund or credit, at
our option, for a service failure, you must notify us within fifteen
(15) days of the earlier of (i) the date of invoice or (ii) the date
of shipment. In the case of a claim concerning any non-delivery, misdelivery,
late delivery, damaged shipment or other shipping-related claim, you
must retain all original shipping containers, packaging and contents
and make the foregoing items available for our inspection.
Execution.
No contract
is formed between you and Ripstyles LLC until Ripstyles LLCexercises the
authorization to charge your credit card, and the charge is validated
and accepted by your credit card company.
Not all products and services
mentioned will be available in your country or available at the price
listed. Canadian and other international orders please contact us at info@ripstyles.com
WARRANTY DISCLAIMER. Ripstyles LLC
MAKES NO REPRESENTATIONS AND OFFERS NO WARRANTIES, EITHER EXPRESS OR
IMPLIED, WHETHER WRITTEN OR ORAL EITHER IN FACT OR BY OPERATION OF LAW
BY STATUTE, OR OTHERWISE, UNDER THESE TERMS AND CONDITIONS, AND YOU
SPECIFICALLY DISCLAIM AND WAIVE ANY CLAIM USER MAY OR MAY NOT HAVE IN
THE FUTURE AGAINST RIPSYSTEMS FOR BREACH OF ANY TYPE OF WARRANTY, INCLUDING,
WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE,
OR NON-INFRINGING ACTIVITY. RIPSYSTEMS DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OF THE DIGITAL CONTENT DELIVERED TO
USER OF THE SERVICE.
Audio/Media Contents
After
the 30-day backup period, we do not keep copies of your cassettes or
records, in either analog or digital form. We may listen to some snippets
for quality-checking and track-placing, but that's it. If you'd like
us to ensure that no one will listen to your audio at all, that can
be arranged.
Right to Use
You Must Have the Right to Use All of the Images, Music and Data of Any Sort in Your Authorized Content, and You Must Have the Right to Grant the Licenses in this Agreement. By entering into this Agreement and uploading or otherwise providing Your Authorized Content to ripstyles.com, You represent and warrant to ripstyles.com the following: (a) You are at least 18 years of age if You are a natural person; (b) all of the information provided by You to ripstyles.com to enroll and participate in the Program is correct and current (including without limitation information You provide in the Metadata Form); (c) the Authorized Content is not, in whole or in part, pornographic or obscene; (d) You hold and will continue to hold the necessary rights, including but not limited to all copyrights, trademark rights and rights of publicity in and to Your Authorized Content and Your Brand Features to enter into this Agreement and to grant the rights granted herein; (e) You have the legal right and authority to enter into this Agreement, to perform the acts required of You under the Agreement, and to grant the rights and licenses described in this Agreement. You further represent and warrant that (i) the Authorized Content and the rights and licenses granted to ripstyles.com under this Agreement and ripstyles.com’s authorized use of Your Authorized Content (including the public display, public performance, distribution and reproduction of Your Authorized Content): (i) do not and will not violate any applicable law, statute, ordinance or regulation and (ii) do not breach and will not breach any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort or contract theories and (ii) that the web site (including products and services therein) You designate in the Metadata Form to which ripstyles.com may display a link in connection with the display of the Authorized Content does not and will not violate or encourage violation of any applicable law, statute, ordinance or regulation.