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Reservoir Media Management Terms of Use

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING WWW.RESERVOIR-MEDIA.COM (the “Site”). IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.

 

  1. Acceptance of Terms of Use

1.1.   By using the Site, you acknowledge having read and understood these Terms of Use and, accordingly, you agree to abide by them. These Terms of Use represent an agreement between you and Reservoir Media Management, Inc.  (“Reservoir”).  These Terms of Use may changed at any time. Any such change will be posted on this Site.  Please refer to these Terms of Use regularly in case any changes are made to them. Your continued use of the Site following any such changes will be deemed to be your understanding of and agreement to any changes to these Terms of Use.

 

  1. Links

 

2.1.   This Site may contain hyperlinks to Internet sites managed by third parties.  These links are provided for convenience only.  By activating these links, you may have to leave the Site. Reservoir has no control over Internet sites owned by third parties and you access and use such third party sites at your own risk. These sites are managed entirely by third parties and Reservoir makes no representation or warranty regarding any linked websites, the information, opinions, advice, statements or other content appearing thereon or any of the products or services described or offered thereon, or the linked-party sources, including the absence of any viruses accessed through them, the quality of the products offered, the security of accessing, using or performing transactions on the third party sites or the privacy policies or practices of those sites. You should familiarize yourself with the privacy policy and terms of use of any such third party sites before using them. Links from this Site do not imply that Reservoir or this Site sponsors, endorses, monitors, is affiliated or associated with any linked third-party site.  Reservoir will not have any responsibility or liability for damages arising from the use of or reliance on such third party sites.  All complaints about third-party sites should be addressed to the administrators of those sites.

 

2.2.   This Site may from time to time contain materials, data or information provided, posted or offered by third parties.  You agree that Reservoir shall not have any liability whatsoever to you for use of or reliance on any such third-party material, data or information.

 

  1. Intellectual Property

 

3.1.   The content available on this Site, including without limitation, text, graphics, audio clips, logos, buttons, images, digital downloads, data compilations, software, icons, html code and xml code, as well as all copyright, patent, trademark, trade dress, and other rights therein (the “Materials”) is owned by Reservoir, its affiliates and/or licensors. All rights reserved. Subject to the Terms set forth in these Terms of Use, Reservoir grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the visible text, graphics or images thereon, and to view and download the Materials, only in connection with your personal and non-commercial use of the Site.  This authorization is not a transfer of title in the Materials or to copies of the Materials and is subject to the following restrictions:  a) you must comply with applicable copyright laws, retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; b) you may not copy, modify, reproduce, reverse engineer, make derivative works from, distribute, sell, publish, communicate, broadcast, perform, publicly display or otherwise make available the Materials in any way or use them for any public or commercial purpose; c) you may not transfer the Materials to any other person without Reservoir’s prior written consent; d) you may not print or copy any of the HTML or other computer programs that are viewable at the Site.

 

 

3.2.   This Site, including all Materials, is protected by United States and worldwide copyright laws and treaty provisions.  You agree to comply with all applicable copyright laws in your use of this Site and to refrain from any unauthorized copying of the Materials.  Except as expressly provided herein, Reservoir does not grant any express or implied right or license to you in any intellectual property right, including under any patent, trade-mark, copyright or trade secret.  Reservoir does not grant to you ownership of any Materials or confidential information of Reservoir, its affiliates or licensors.

 

3.3.   The trade-marks, logos and company names of Reservoir or any of its affiliates used on this Site are trade-marks of Reservoir or its affiliates.  Other products, services, logos and company names mentioned on this Site may be the trade-marks or registered trade-marks of their respective owners. Trade-marks appearing on the Site may not be copied, imitated or used, in whole or in part, without the prior written consent of Reservoir or the respective owners.

 

  1. Disclaimer of Warranties

 

4.1.   This Site and the Materials are provided “as is” without any representation or warranty, express or implied, of any kind.  Reservoir does not warrant that this Site will operate without interruptions or that it will be error free.  Reservoir hereby disclaims all warranties and conditions with regard to the Site and the Materials, including, but not limited to, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise at law, or from a course of dealing or use of trade.

 

4.2.   The Materials may contain inaccuracies and typographical errors.  Reservoir makes no representations or warranties about the accuracy, availability or completeness of the Materials, or the reliability of any information displayed or distributed through this Site.  You acknowledge that any reliance on any of the foregoing and your use of the Site shall be at your sole risk.  Reservoir reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Site.  Reservoir may make any other changes to this Site, the Materials and the services, products described on this Site (if any) at any time without notice.

 

4.3.   Any Material obtained through the Site or Reservoir is obtained at your own discretion and risk and you will be solely responsible for any damage to any equipment, systems, hardware, software or data loss that may result from such use or download.  E-mail messages may not be secure and may be intercepted by third parties. Reservoir makes no warranty whatsoever as to the security of this Site or Reservoir’s equipment, servers, systems, hardware or software, or to the prevention of unauthorized access of same by third parties. If you send us an e-mail containing confidential information about You, You agree that You do so at your own risk and to hold Reservoir harmless from any loss that You may suffer as a result.

 

  1. Limitation of Liability

 

5.1.   IN NO EVENT SHALL RESERVOIR, ITS AFFILIATES, LICENSORS, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL OR OTHER DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS OR LOST REVENUES, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) (COLLECTIVELY “LOSSES”) RELATED TO THE USE OF, OR THE INABILITY TO USE, THIS SITE, ITS CONTENTS OR MATERIALS AVAILABLE FROM THIS SITE, OR ANY INFORMATION, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SITE, OR FUNCTIONS OF THIS SITE OR ANY LINKED SITE, WHETHER OR NOT RESERVOIR OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE AND THE CONTENT THEREON, OR THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.

 

  1. Indemnity. By using this Site, you agree to indemnify, defend and hold harmless Reservoir, its affiliates, licensors, partners, directors, officers, employees and agents from any and against all claims or damages, including reasonable legal fees and expenses, resulting or arising out of your use of the Site, the Materials or services, your violation of the Terms of Use, or any violation by you of the rights of another.

 

7. Objectionable Material. You understand that by using the Site, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use the Site at your sole risk and Reservoir shall have no liability to you for material that may be found to be offensive, indecent, or objectionable.  By using the Site, you confirm that you are 18 years of age or more, or that you are 13 years of age or more and that you have received your parent’s or guardian’s consent to use the Site.

 

8.  Termination. Reservoir may discontinue or suspend the Site at any time without notice, and Reservoir may block, terminate or suspend your access to the Site at any time for any reason in its sole discretion, even if access to the Site continues to be allowed to others. Upon such suspension or termination, You must immediately discontinue use of the Site and any Materials obtained from the Site. You acknowledge and agree that Reservoir shall not be liable to You or any third party for any termination or suspension of your access to the Site.

 

9. Privacy. For information regarding Reservoir’s policies and practices relating to the collection, use, disclosure and storage of personal information please read our Privacy Policy, available here.

 

10. Unsolicited Submissions.  Reservoir does not accept any unsolicited submissions of any materials or works whatsoever including, but not limited to, demos, pitches, proposals, ideas, compositions, performances, or creations of any sort, whether in whole or in part, whether text-based, electronically produced or in other soft-copy or hard copy, and whether or not copyright or trademark protected or otherwise (an “Unsolicited Submission”). In the event You choose to make such Unsolicited Submission, You acknowledge that any consideration by Reservoir of such Unsolicited Submission is not an admission by Reservoir of the novelty, propriety, originality or value of such Unsolicited Submission and You further acknowledge that Reservoir has not made any prior inducements, promises or representations to You regarding such Unsolicited Submission. You further acknowledge that You have retained a copy of such Unsolicited Submission and hereby release Reservoir from any liability for any loss or damage to the copy of such Unsolicited Submission that was made by You to Reservoir and acknowledge that Reservoir has no obligation to return any such Unsolicited Submission to You or respond to You in any way.  You hereby agree to indemnify and hold harmless Reservoir from and against any and all claims, expenses, losses or liabilities (including, without limitation, reasonable attorney’s fees), now known or unknown, that may be asserted against Reservoir or incurred by Reservoir at any time in connection with your Unsolicited Submission or any use thereof. Reservoir shall be entitled to all rights of exploitation, in accordance with all applicable laws, in any ideas, concepts or materials that Reservoir independently creates, or that Reservoir acquires from a third party, even if similar or identical to an Unsolicited Submission made by You. You acknowledge that any Unsolicited Submission made by You to Reservoir may be similar or identical to projects, products, ideas, designs and other materials that are already owned by Reservoir or any of its affiliates, submitted (unsolicited or not) to Reservoir or any of its affiliates by others, or that hereafter may be originated by Reservoir or any of its affiliates or submitted (unsolicited or not) to Reservoir or any of its affiliates by others, and that materials used by Reservoir or any of its affiliates, may embody elements similar to any Unsolicited Submission made by You to Reservoir. You acknowledge that You shall not be entitled to any compensation because of Reservoir’s use, or the use by any of its affiliates, of such other similar or identical elements or items.

 

How to Contact Us About these Terms of Use. If you have any questions regarding these Terms of Use, you can reach us at the following address: Reservoir Media Management, Inc., 225 Varick Street, 6th Floor, New York, New York 10014 or by e-mail at: info@reservoir-media.com

Last Updated: March 11, 2013

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