For the avoidance of doubt, Pink Slip Records
makes no representations or warranties regarding how often the materials or information
posted on the site will be updated (if at all) or the number or identification of the
recording artists or other individuals (if any) that will be featured on the site.
VOID WHERE PROHIBITED
Although the site is accessible worldwide, not all products or services discussed or
referenced in the site are available to all persons or in all geographic locations. Pink Slip Records
reserves the right to limit, in its sole discretion, the provision and quantity of
any product or service to any person or geographic area it so desires. Any offer for any
product or service made in the site is void where prohibited.
LICENSE TO PINK SLIP RECORDS
By posting messages, uploading files, inputting data, or engaging in any other form of
communication through this site, you are granting Pink Slip Records a royalty free, perpetual,
non-exclusive, unrestricted, worldwide license to: (1) use, copy, sublicense, adapt,
transmit, publicly perform or display any such communication; and (2) sublicense to third
parties the unrestricted right to exercise any of the foregoing rights granted with
respect to the communication.
The foregoing grants shall include the right to exploit any proprietary rights in such
communication, including but not limited to rights under copyright, trademark,
servicemark, or patent laws under any relevant jurisdiction.
MAKING PURCHASES If you wish to purchase products or services described on the
www.pinksliprecords.com site, you may be asked to supply certain information including credit card
or other payment information. You agree that all information that you provide will be
accurate, complete and current. You agree to pay all charges, including shipping and
handling charges, incurred by users of your credit card or other payment mechanism at the
prices in effect when such charges are incurred. You will also be responsible for paying
any applicable taxes relating to your purchases. (Click here to see the Pink Slip Records privacy policy.)
INDEMNIFICATION
You agree to indemnify, defend and hold harmless, Pink Slip Records and its affiliated companies,
officers, directors, employees, agents, licensors, suppliers from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees, resulting from any
violation by you of these Terms of Use. Pink Slip Records reserves the right, to assume the
exclusive defense and control of any matter subject to indemnification by you.
LITIGATION ISSUES
This Agreement is entered into in the State of Texas and shall be governed by and
construed in accordance with the laws of the State of Texas, exclusive of its choice of
law rules. Each party to this Agreement submits to the exclusive jurisdiction of the state
and federal courts sitting in the Borough of Harris County in the City of Houston in the
State of Texas, and waives any jurisdictional, venue or inconvenient forum objections
to such courts. Each party to this Agreement further agrees as follows: (i) any claim
brought to enforce this Agreement must be commenced within two (2) years of the cause of
action accruing; (ii) no recovery may be sought or received for damages other than
out-of-pocket expenses, except that the prevailing party will be entitled to costs and
attorneys' fees; (iii) any claim must be brought individually and not consolidated as part
of a group or class action complaint.
MISCELLANEOUS
In the event that any of the provisions of this Agreement are held by a court or other
tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited
or eliminated to the minimum extent necessary so that this Agreement shall otherwise
remain in full force and effect.
This Agreement constitutes the entire agreement between the parties hereto pertaining to
the subject matter hereof, and any and all written or oral agreements heretofore existing
between the parties hereto with respect to the subject matter of this Agreement are
expressly canceled. Pink Slip Records may modify the terms of this Agreement by posting notice of
such modification on a page of the site entitled "Legal Notices" or "Legal
Information" (or similar title) before the modification takes effect.
DESIGNATED AGENT UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT
The Digital Millennium Copyright Act (DMCA) provides a mechanism for notifying service
providers of claims of unauthorized use of copyrighted materials. Under the DMCA, a claim
must be sent to the service provider's Designated Agent. If you believe in good faith that
Pink Slip Records should be notified of a possible online copyright infringement involving a Pink Slip Records
website, please notify Pink Slip Records' Designated Agent: Melissa M. Morris, Esq., Law
Department, Pink Slip Records, 1516 Bay Area Blvd Suite B7, Houston, TX 77058
Please be aware that, in order to be effective, your notice of claim must comply with the
detailed requirements set forth in the DMCA. You are encouraged to review them (see 17
U.S.C. Sec. 512(c)(3))before sending your notice of claim.