Effective: September 1st, 2006
Welcome to Laptoprockers
We are pleased to make Laptoprockers (this "Site") available for your leisure, use and benefit. By using, browsing, and or accessing this Site, or any of the products or services offered on this Site (collectively, the "Services"), you are agreeing to comply with and be bound by the terms and conditions set forth below (the "Terms") including any modifications that we may make in the future. If you do not agree, or don't have the right, authority or capacity to agree with these Terms, you are not authorized to use this Site.
This Site is owned and operated by TIME2KEEP BV (the "Operator"), Wasstraat 35, 2313 JG Leiden, The Netherlands.
We have the right (but not the obligation), in our sole discretion, at any time, to take any of the following actions, with or without notice, and without liability to you or any third party:
1. Establish general practices and limits concerning use of this Site;
2. Change, suspend, or discontinue all or any part of the Services;
3. Refuse, move, or remove any content that is available on the Site;
4. Refuse, move, or remove any material that you submit to the Site for any reason;
5. Restrict, suspend, or terminate your access to all or any part of the Services;
6. Deactivate or delete your account and all related information and files in your account.
As a condition of your use of this Site, you represent and warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. If you breach these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.
Acceptance of Agreement.
These Terms, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement (the "Agreement) between you and the Operator and govern your use of our this Site, superseding any prior agreements that you may have with us. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should refer back to it periodically prior to using the Site.
Content on this Site
This Site contains content that we create ourselves as well as content provided by third parties and content that our users create. This content includes, among other things, news, interviews, product reviews and tutorials. It also includes information about products and services offered by third parties, such as product descriptions, specifications, pricing, availability, and performance. Inclusion on this Site of any third-party content is not an endorsement of that content. We do not guarantee the accuracy, the integrity, or the quality of the content on this Site, and you may not rely on any of this content. We do not sell, resell, or license any of the products or the services that we review, list, or advertise on this Site, and we disclaim any responsibility for or liability related to them.
Without limitation, we are not responsible for postings by users in the user opinion, message board, or feedback sections of this Site. You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with accessing or otherwise using that content.
You are solely responsible for all materials that you upload, post, e-mail, transmit, submit or otherwise make available to the Services ("Your Content"). You certify that you own all intellectual property rights in Your Content and that you have the authority to grant us the licence described below.
You retain all of your ownership rights in Your Content. However, by posting, uploading, e-mailing, or otherwise submitting Your Content to the Services, you automatically grant us, our successors, our affiliates, and our partners a, non-exclusive, royalty-free, payment-free, irrevocable, fully sublicensable, and transferable license to copy, reproduce, create derivative works of, adapt, edit, composite, morph, scan, duplicate, alter, store, distribute, publicly perform, publicly display, transfer, transmit, distribute, publish and use Your Content and subsequent versions thereof, throughout the universe, in perpetuity, by means of any and all media and devices whether now known or hereafter devised, for the purpose of (i) displaying Your Content on this Site (ii) distributing Your Content to users seeking to stream it, download or otherwise acquire it, and/or (iii) store Your Content in a remote database accessible by end users, for a charge, (iv) use Your Content for promotion and redistribution of the Services and derivative works thereof.
If Your Content is a work of music you represent that the material submitted is an original work, and contains no sampled material, other than samples originating from loop libraries which you have been granted the right to use for this purpose; and completely original samples, written and performed by yourself, that contain no material from any other source.
You understand that the uploading, and/or posting, e-mailing, transmitting, or otherwise submitting Your Content using any part of the Services shall not be subject to any obligation of confidence on the part of the Operator, and the Operator shall not be liable for any use or disclosure of any of Your Content.
While the Operator does not and cannot regularly review content posted by users of the Site and is not responsible for these submissions, the Operator reserves the right to edit, move, restrict access to, or delete any content that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, in violation of any person's rights of privacy or publicity or otherwise deems unacceptable and/or in violation of these Terms.
This Site contains links to Internet sites owned by Third parties. We make no representations whatsoever about any Third-party site that you may access through this Site. When you access a Third-party site, you understand that it is independent from the Operator, and that we have no control over the content on that Web site. In addition, a hyperlink to a Third-party site does not mean that we endorse or accept any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
Your correspondence or related activities with Third parties, including payment transactions and goods-delivery transactions, are solely between you and that Third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with Third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.
Guidelines of use
You understand that listening to music at loud volumes and/or listening for periods longer than an hour at moderate volumes can cause permanent hearing loss. You understand that tracks posted on this Site may differ in volume substantially and you will take precautions to avoid being exposed to loud volumes. Always turn down the volume to minimum levels at the beginning of each track and give your ears rest from time to time by not listening to any music at all.
You agree not to modify the software underlying this Site in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to this Site. Without limiting any of the foregoing and ongoing, you agree that you will not use this Site to take any of the following actions:
a. Defame, abuse, harass, stalk, threaten, embarrass, cause distress or discomfort; or otherwise violate the legal right of others;
b. Harm minors in any way;
c. Upload, post, email, transmit or otherwise make available, using any part of the Services, any content that we and/or any governmental agency considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable;
d. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;
e. Upload, post, email, transmit or otherwise make available, using any part of the Services, any material that contain viruses, corrupted files, or any other similar software or computer code that may damage or adversely affect the functionality of any computer software or hardware, this Site, or telecommunications equipment;
f. Upload, post, email, transmit or otherwise make available, using any part of the Services, surveys, contests, pyramid schemes, spam, junk mail, unsolicited advertising or promotional materials, chain letters; or any other form of solicitation;
g. Upload, post, email, transmit or otherwise make available, using any part of the Services, any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
h. Upload, post, email, transmit or otherwise make available, using any part of the Services, any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
i. Download any file that you know or reasonably should know cannot be legally obtained in such manner;
j. Restrict or inhibit in any way, any other user from using and enjoying any public area within this Site;
k. Collect or store personal information about other users;
l. Interfere with or disrupt this Site, the servers, or networks this Site depends on;
m. Impersonate in the Services any person or entity, including, but not limited to, a representative of the Operator, a site official, chat or message board leader, guide or host or expert; or falsely state or otherwise misrepresent your affiliation with a person or entity;
n. Take any action that imposes an unreasonably or disproportionately large load on the infrastructure this Site depends on;
o. Engage in any illegal activities.
You also agree to logout and exit from your accounts at the end of each session.
You can participate in the Services by creating a Member Account. Participation is for the personal use of individual Members only and may not be used in connection with any commercial endeavors without our prior written consent.
If we request registration information from you, you will provide us with true, accurate, current, and complete information. You will promptly update your registration to keep it accurate, current, and complete.
When you sign up to become a Member, you will be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password.
You are entirely responsible and liable for all activities conducted by you and any authorized user of your Account while utilizing the Services, including the transmission, posting, or other provision of text, files, links, software, photographs, video, sound, music or other information or material to any portion of the Services.
You are solely responsible for your interactions with other Members. We reserve the right, but have no obligation, to monitor disputes between you and other Members.
Requests to remove certain content from this Site
If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please review our copyright notice
You acknowledge that we reserve the right to charge for the Services and to change its fees from time to time. If your Membership is terminated, you shall not be entitled to the refund of any unused portion of subscription fees.
You agree to indemnify and hold the Operator, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, arising as a result of storing, displaying, streaming and distributing Your Content or your failure to comply with these Terms.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
We disclaim any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through our sites. We disclaim any responsibility for, and if you subscribe to one of our fee-based services you will not be entitled to a refund as a result of, any service outages that are caused by our maintenance on the servers or the technology that underlies our sites, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at a "Laptoprockers" event, from any content posted on or through the Services, or from the conduct of any users of the Services, whether online or offline.
WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON THE SITE. THE SITE AND ITS CONTENT IS DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. WE DO NOT MAKE ANY WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
Limitation on Liability.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our sites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.
Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of this Site. Your use of this Site is subject to Dutch laws and legal process. Unauthorized access to this Site is a breach of these Terms and a violation of the law.