808 Recording Studios, a California corporation, and its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, managers, and directors (collectively, “808 Recording Studios,” “we,” “our,” or “us”) provide a venue and associated services to facilitate the recording of musical compositions (collectively, the “Service” or “Services”). To facilitate the provision of the Services, we provide information through the 808recordingstudios.com[IZ1] website and any webpage located at such domain (collectively, the “Site”).
The Site may include content, code, feedback, data, comments, suggestions, information, text, data, software, sounds, photographs, audio, audiovisual content, video, artwork, graphics, logos, icons, messages, and other content of any nature transmitted to or via the Site (collectively, “Content”). All of the Content on the Site is the property of 808 Recording Studios or the Content’s respective owners and may be protected by copyright, trademark, and other intellectual property laws. Subject to all applicable laws, you shall not reproduce, copy, distribute, store, or re-use Content from the Site, unless expressly agreed to in writing between you and the owner of rights to the applicable Content.
Links to Other Websites
Unless we expressly state otherwise, websites linked to on the Site are not under our control. We assume no responsibility for the Content of such websites and we disclaim any and all liability for any and all forms of loss or damage arising out of the use of such linked websites.
What We Are Not Responsible For
808 Recording Studios is not liable for any damages or losses related to your use of the Site. We reserve the right not to become involved in disputes between users, or between users and any third party relating to the use of the Site. When you use the Site, you release 808 Recording Studios from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Site. All Content you access through the Site is at your own risk. You are solely responsible for any resulting damage or loss to any party.
If you are an account holder, you may have recourse depending on the circumstances if something goes wrong with your use of the Site. Any recourse is limited by the following disclaimers:
WE HAVE NO FIDUCIARY DUTY TO ANY USER.
WE MAKE NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, THAT THE SITE OR SERVICES WILL (1) MEET YOUR REQUIREMENTS, (2) BE OF SATISFACTORY QUALITY, (3) BE FIT FOR A PARTICULAR PURPOSE, (4) NOT INFRINGE THE RIGHTS OF THIRD PARTIES, (5) BE COMPATIBLE WITH ALL SYSTEMS, (6) BE SECURE, OR (7) CONTAIN ANY ACCURATE INFORMATION.
WE MAKE NO GUARANTEE OF ANY SPECIFIC RESULTS FROM THE USE OF THE SITE OR SERVICES.
NO PART OF THE SITE IS INTENDED TO CONSTITUTE ADVICE, AND THE CONTENT OF THE SITE SHOULD NOT BE RELIED UPON WHEN MAKING ANY DECISIONS OR TAKING ANY ACTION OF ANY KIND.
THE SITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, AND WE GIVE NO WARRANTY THAT EITHER THE SITE WILL BE FREE OF DEFECTS OR FAULTS.
WE ACCEPT NO LIABILITY FOR ANY DISRUPTION OR NON-AVAILABILITY OF THE SITE RESULTING FROM EXTERNAL CAUSES INCLUDING, BUT NOT LIMITED TO, ISP EQUIPMENT FAILURE, HOST EQUIPMENT FAILURE, COMMUNICATIONS NETWORK FAILURE, POWER FAILURE, NATURAL EVENTS, ACTS OF WAR, OR LEGAL RESTRICTIONS AND CENSORSHIP.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ACCEPT NO LIABILITY FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE, FORESEEABLE OR OTHERWISE, INCLUDING ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITE OR ANY INFORMATION CONTAINED THEREIN, AND YOU USE THE SITE AND THE CONTENT AT YOUR OWN RISK.
YOU USE THE SITE AND THE CONTENT AT YOUR OWN RISK.
This agreement and all aspects of the Service shall be governed by and construed in accordance with the internal laws of the United States and the State of California regardless of your location. For the purpose of any judicial proceeding to enforce such award, or if for any reason a claim proceeds in court rather than in arbitration, the parties hereby submit to the non-exclusive jurisdiction of the state and federal courts sitting in Los Angeles, California. With respect to any disputes or claims not subject to informal dispute resolution, you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Los Angeles, California and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in Los Angeles, California.
To expedite resolution and control the cost of any dispute, controversy, or claim related to this agreement (“Dispute”), you and 808 Recording Studios agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating court proceeding. Such informal negotiations commence upon written notice from one party to the other. You must send your notice to 5746 W. Adams Blvd., Los Angeles, CA, 90016 or to the email: email@example.com, ATTENTION: LEGAL.
You and 808 Recording Studios agree that any arbitration shall be limited to the Dispute between 808 Recording Studios and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be litigated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Notice for Users in California
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at 5746 W. Adams Blvd., Los Angeles, CA, 90016 or via email: firstname.lastname@example.org.