Tony Records Inc. Terms of Service Agreement

The terms and conditions stated in the agreement below shall at all times govern your use of any of the services, music, materials, information, and features at www.tonyrecords.net
PLEASE READ THESE TERMS CAREFULLY AS USE OF THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.

1. Application: This Terms of Service Agreement (TOS Agreement or "Agreement") shall apply to any use by you of the content and services of the Tony Records website located at http://www.tonyrecords.net (the Site). The terms and conditions stated in the this Agreement ("Terms and Conditions", "Terms of Service", or "TOS") shall be binding upon you and shall govern your use of any of the services, music, materials, information, and features at www.tonyrecords.net.
Your acceptance of and compliance with the Terms and Conditions are conditions for your access to all services provided by Tony Records, Inc. As long as you comply with these Terms and Conditions, Tony Records, Inc. grants you (End User) a conditional, personal, non-exclusive, non-transferable, and revocable privilege to enter and use the Site.
The term "End User" as used in this Agreement shall include disc jockeys ("DJ's"). The term "personal use" shall include the use of Downloads (defined in Paragraph 4 below) by DJ's as part of their DJ sets subject to the DJ's compliance with all applicable reporting requirements as set forth in Paragraph 5 below.

2. Content : All of the services, music, materials, information, features, downloadable music files, audio samples, audio streams, software, text, images, graphics, user interface, videos, photographs, trademarks, logos, artwork (Content), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site is owned exclusively by Tony Records, Inc. or has been licensed to Tony Records, Inc for its use subject to the Terms and Conditions. As between End User and Tony Records,Inc. all Content is owned by Tony Records, Inc. and shall be deemed to constitute the intellectual property of Tony Records, Inc. and, as such, is subject to all applicable intellectual property rights laws including but not limited to copyright and trademark laws.

3. Restrictions : Except as expressly provided in this Agreement, you shall not at any time record, reproduce, copy, transmit, retransmit, sell, rent, broadcast, distribute, publish, upload, post, publicly display, incorporate into new works, alter, perform, digitize, compile, translate or transmit in any way to any other computer, website or other medium or for any purpose, any part of the Content or the Site without Tony Records, Inc. express prior written approval.

4. Limited License : Notwithstanding the use of the terms sell, purchase, order, or buy on the Site or in this Agreement, upon receipt of payment Tony Records, Inc. shall grant to you a limited, non-transferable, personal, conditional license to your personal use of each downloadable digital file containing any Content ("Download(s)") subject to the Terms and Conditions of this Agreement.

5. Permitted Uses: Under this limited license you shall have the right to copy or transfer the rel evan t digital file to any desktop computer, laptop computer, or playback device owned by you, and/or to a recordable medium (such as CD-R or DVD-R) for your personal use without restriction but subject at all times to the fair use provisions of the United States Copyright Act, 17 U.S.C. §107.
Notwithstanding anything to the contrary stated elsewhere in this Agreement, you shall be entitled to publicly perform Downloads as part of DJ performances provided that you shall submit the playlist information for any use of the Downloads as part of such DJ performances to the relevant performing rights society(ies) as required under applicable laws. For the avoidance of doubt, we shall not be responsible for payment of public performance royalties or phonographic performance royalties to the relevant society(ies) with respect to your use of Downloads and you hereby expressly agree to indemnify us against any third party claims arising in connection with your use of Downloads as part of DJ performances.

The permitted uses as stated above with respect to each Download shall also apply to any audio-visual files, label copy, description, artwork, logos and any other materials associated with the relevant Download ("Metadata").

No other transfers, copies or uses of the Downloads, materials or audio samples are permitted. All other rights are hereby expressly reserved.

6. Prohibited Uses : The limited license granted by Tony Records, Inc. to you for your personal use of each Download and any Content or Metadata shall be subject to the following restrictions which you hereby expressly agree to comply with at all times as follows:
(a) You shall not copy or transfer the relevant Download or any Content or Metadata to any desktop computer, laptop computer, or playback device not owned or regularly used by you;
(b) You shall not copy or transfer the relevant Download or any Content or Metadata to a recordable medium (such as CD-R, DVD-R) which you distribute or sell to any third party;
(c) You shall not transmit the relevant Download or any Content or Metadata to any third party via the internet or otherwise;
(d) You shall not upload the relevant Download or any Content or Metadata to any website or other medium accessible by any third party via the internet or otherwise and you hereby expressly agree not to make the relevant digital file available to any third party through so-called "file sharing" services;
(e) You shall not bundle or compile Downloads or any Content or Metadata for distribution or sale of bundled or compiled Downloads or any Content or Metadata to any third party; you shall not incorporate, interpolate, sample or combine with other copyrightable material any portion of the Downloads or any Content or Metadata to create new musical or audio-visual works;
(f) You shall not incorporate, interpolate, edit, alter, sample or combine with other copyrightable material any portion of the Downloads or any Content or Metadata to create any derivative works;
(g) You shall not engage in any unauthorized commercial use of the Downloads or other relevant digital files or any Content or Metadata without express prior written permission to do so. For the avoidance of confusion, this shall not affect your ability to use the Downloads in connection with professional DJ equipment such as Final Scratch and the like or the use of Downloads by DJ's as part of their DJ sets subject to the DJ's compliance with all applicable reporting requirements as set forth in Paragraph 5 above .
(h) You shall not reverse engineer, decompile, disassemble, modify or disable any watermarking or copy protection or use limitation features or software which may be contained in the Downloads or other relevant digital files.

Except as expressly stated above as a Permitted Use under this Agreement, all other non-enumerated uses of the relevant digital file are prohibited and shall constitute a TOS violation. You hereby agree to indemnify and hold harmless Tony Records for any damage or expense incurred by Tony Records, Inc. resulting from any failure by you to comply with the provision of this section of the Agreement.

WARNING: To support the ongoing efforts to discourage copyright infringement, DO NOT UPLOAD OR FILESHARE the music you purchase from Tony Records, Inc..

7. Accounts and Passwords: To access Tony Records, Inc. services you must first open an account subject to the following terms and conditions:
(a) You shall only submit accurate personal and billing information when opening your account. The submission of false or fraudulent information shall constitute a TOS violation.
(b) You shall at all times remain solely responsible for all activity that occurs under your account.
(c) You shall not share your account or your password with any third party. Password sharing shall constitute a TOS violation and you hereby agree not to use the account or password of any third party for the same reason.
(d) You shall immediately notify Tony Records, Inc of any unauthorized use of your account or password information or any other breach of security.
(e) You shall not attempt to gain access to the password-protected portions of Tony Records, Inc. Site and services without using your password or by any other unauthorized means. Any attempt to gain unauthorized entry to the Site or the services through hacking, cracking, spoofing or any other means other than using your account and password shall constitute a TOS violation.
(f) Any action to assist or enable any third party to gain unauthorized access to Tony Records, Inc Site or services by any means shall constitute a TOS violation.

8. Privacy Policy: You are required to provide certain contact and personal information when you open your account with Tony Records, Inc.
All information provided by you to Tony Records, Inc. shall be and shall at all times remain subject to our privacy policy ("Privacy Policy").
The Privacy Policy is as follows:
(a) We shall store you name, address and e-mail information for use in connection with the provision of Tony Records, Inc’s services hereunder.
(b) For security reasons, we shall not store your credit card information which must be re-entered on a transaction by transaction basis.
(c) We shall not disclose or provide your stored contact information to any unaffiliated third party unless we are required to do so by State or Federal government agencies or in the context of litigation.
(d) The Privacy Policy's terms and conditions may be adjusted from time to time without further notice to you, and as a condition of using Tony Records, Inc. services, you hereby expressly waive your right to such notice.
You hereby warrant and represent that you have read our Privacy Policy and agree to its terms and hereby consent to our collection, use and disclosure of your personal information consistent with the terms and conditions of the Privacy Policy as set forth herein.

9. E-mail Communication: By establishing an account with Tony Records, Inc. you expressly grant permission for Tony Records, Inc. Tony Records, Inc. to communicate with you via e-mail at the e-mail address you provide.

10. Termination: You may terminate your account with Tony Records, Inc. Tony Records, Inc. at any time by communicating your wish to do so to Tony Records, Inc. in writing via e-mail.
You hereby expressly agree that Tony Records, Inc., may terminate your account as follows:
(a) Tony Records, Inc. may terminate your account for cause in its sole discretion and without prior notice. "Cause" within the meaning of the foregoing sentence shall include but not be limited to: (1) any TOS violation; (2) discontinuation or material modification of the Site or any service offered thereon; (3) failure to pay for purchases; (4) copyright infringement; (5) requests by law enforcement or other government agencies.
(b) Tony Records, Inc. shall at all times remain entitled to terminate your account for any other reason which may or may not fall within the definition of "cause" above in its sole discretion.
(c) Upon termination of your account hereunder, all of the operative provisions and definitions of this Agreement shall continue to remain in effect and shall continue to govern the interpretation of this Agreement and all rights and remedies accruing under this Agreement.

You hereby expressly agree that you shall not be entitled to seek any compensation from Tony Records, Inc. or any third party for the termination of your account.

11. Warranties: The Tony Records, Inc. Site, the Downloads, the audio samples and all other rel evan t digital files as well as all artwork, software, data are offered on an "as is" basis only. Tony Records, Inc. provides a warranty only with respect to Downloads legally obtained by an End User from Tony Records, Inc. pursuant to this agreement. The warranty is as follows: any defective Download(s) will be replaced upon request within thirty (30) days of the original purchase date. EXCEPT AS EXPRESSLY STATED, TONY RECORDS, INC. EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER RELATING TO THE TONY RECORDS, INC. WEBSITE OR THE USE OF TONYRECORDS, INC’S SERVICES HEREUNDER. It is hereby expressly agreed that there shall be no implied warranties of merchantability or suitability with respect to any aspect of Tony Records, Inc. 's Site, software, services, Downloads or any other materials featured on or obtained from Tony Records, Inc. Tony Records, Inc. specifically disclaims any warranties against viruses, software incompatibilities, or any other effect which Tony Records, Inc's Downloads, software, Site or services may have on the computer, telecommunications and/or other electronic equipment owned or operated by the End User.

12. Limitation of Liability: You hereby expressly agree that you shall use the Tony Records, Inc. Site and services at your own risk. In any event, neither Tony Records, Inc. nor its officers, employees, or shareholders shall be liable for any consequential, incidental, direct, indirect, punitive, special or other damages whatsoever, including without limitation any business interruption, loss of profits, loss of information or any other business related damages, with respect to any matter or claim arising as a result of or in connection with this Agreement, or the use of any Downloads or other Tony Records, Inc. services, or the inability to use any Downloads or other services, or any failure by Tony Records, Inc. to provide any Downloads or other Tony Records, Inc services at any time, or otherwise arising out of or in connection with the use of the Tony Records, Inc. Site whether based on contract, tort, negligence, at law or in equity. You hereby acknowledge and confirm that you are on notice of Tony Records, Inc. disclaimer of warranties and limitation of liability as set forth in this Agreement and you expressly agree to these disclaimers and limitations as a condition of using any of Tony Records, Inc. services. If, notwithstanding the foregoing and for any reason Tony Records, Inc. is found to be liable to End User for any matter in connection with this Agreement, Tony Records, Inc. liability shall be limited to any amounts actually paid to Tony Records, Inc. by the End User.

13. Copyright and Intellectual Property Rights Policy:
Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act (the Act), Tony Records, Inc. will terminate the account of any End User or other customer or vendor who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so.
Tony Records, Inc. will terminate the infringing End User's or customer's or vendor's account once any copyright infringement or any other violation of the intellectual property rights of any third party has been established by a court of competent jurisdiction. Tony Records, Inc. may also in its sole discretion decide to terminate an End User's or customer's or vendor's account privileges prior to that time if it has good faith belief that infringement has in fact occurred or that it is more likely than not that such an infringement will be confirmed.
Tony Records, Inc. shall not be liable to any End User for the termination of an account hereunder and you hereby expressly agree that Tony Records, Inc. shall at all times reserve the right to terminate any account based on the policy against copyright infringements as set forth herein.

14. Governing Law: You agree that all matters relating to your access to and use of Tony Records, Inc. Site and services and any purchases made from the Site, including all disputes arising out of these Terms of Service, shall at all times be governed by the laws of the United States and specifically by the laws of the State of New Jersey without regard to its conflicts of laws provisions. You agree to the personal jurisdiction of and venue in the State and Federal courts located in Essex County, NJ. Any claim under these Terms of Service must be brought within one (1) year after the cause of action arises.