Last updated date: November 12, 2018.

Please read this Terms of Use agreement carefully. Your use of the Site (as defined below) constitutes your agreement to this Terms of Use agreement.

This website and web properties (e.g., widgets and applications) and mobile applications (together with any successor website(s) and web properties and all Services [as defined below]) (individually and collectively the “Site”) are operated by Curb Records, Inc. (“we” or “us” or “our”). We provide Site users with access to content and services related to us, our artists and our songwriters, including music, images, forums, games, text, data and other content (such content and services, collectively, the “Services”). Your use of the Site is governed by these Terms of Use (“this Agreement”), regardless of how you access the Site (including through the Internet, through Wireless Access Protocol (commonly referred to as “WAP”), through a mobile network, or otherwise). This Agreement is between you and us.

PLEASE NOTE: The Site may include or be used in connection with certain Third Party Applications (as defined in Section 11 below) and Third Party Linked Sites (as defined in Section 11 below). Your access to or use of such Third Party Applications and Third Party Linked Sites may be governed by additional terms and conditions that are not set forth in this Agreement and that are made available by the particular providers of such Third Party Applications and Third Party Linked Sites.

1. Acceptance of Terms. By using the Site, you agree to the terms of this Agreement and to any and all additional rules and guidelines that we post on the Site. We may make changes to this Agreement from time to time; we may notify you of such changes by any reasonable means, including by posting the revised version of this Agreement on the Site. You can determine when we last changed this Agreement by referring to the “LAST UPDATED” legend above. Your use of the Site following changes to this Agreement will constitute your acceptance of those changes; provided, however, any material change to this Agreement shall not apply retroactively to any claim or dispute between you and us in connection with this Agreement that arose prior to the “LAST UPDATED” date applicable to that version of this Agreement in which we included such material change. We may, at any time, modify or discontinue all or part of the Site; charge, modify or waive fees required to use the Site; or offer opportunities to some or all Site users.

2. Jurisdiction. The Site is controlled and/or operated from the United States, and is not intended to subject us to non-U.S. jurisdiction or laws, except as otherwise expressly stated in this Agreement. The Site may not be appropriate or available for use in some jurisdictions outside of the United States. If you access the Site, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

3. Information You Submit. Your submission of information through the Site is governed by our Privacy Policy, which is located at http://www.curb.com/privacy (the “Privacy Policy”). Further, to the extent that you submit any personally identifiable information to any third party (for example, a Provider (as defined in Section 6.b below)) in connection with the Site (for example, via a Third Party Application), such third party’s collection, use and disclosure of such information may be governed by its own privacy policy, and not by our Privacy Policy. In any event, we are not responsible for the information collection, usage and disclosure practices of third parties. You agree that all information you provide to us is true, accurate and complete, and you will maintain and update such information regularly. If you choose to make any of your personally identifiable and/or other information publicly available on the Site, you do so at your own risk.

4. Rules of Conduct. In using the Site, you agree to obey the law, respect the rights of others and avoid objectionable, defamatory and/or disruptive behavior. In addition, you will comply with the following “Rules of Conduct” as updated from time to time by us. You will not:
• Post, transmit, or otherwise make available, through or in connection with the Site:
o Anything that is or may be (a) threatening, harassing, degrading, hateful and/or intimidating; (b) defamatory; (c) fraudulent and/or tortious; (d) obscene, indecent, pornographic and/or otherwise objectionable; and/or (e) protected by copyright, trademark, trade secret, right of publicity and/or other proprietary right without the express prior consent of the owner of such right.
o Any material that would give rise to criminal and/or civil liability; that encourages conduct that constitutes a criminal offense; that promotes gambling; and/or that encourages and/or provides instructional information about illegal activities or activities such as “hacking,” “cracking” and/or “phreaking.”
o Any virus, worm, Trojan horse, Easter egg, time bomb, spyware and/or other computer code, file, or program that is harmful and/or invasive and/or may and/or is intended to damage and/or hijack the operation of, and/or to monitor the use of, any hardware, software and/or equipment.
o Any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme” and/or investment opportunity, and/or any other form of solicitation.
o Any material non-public information about a company without the proper authorization to do so.
• Use the Site for any fraudulent and/or unlawful purpose.
• Use the Site to defame, abuse, harass, stalk, threaten and/or otherwise violate the legal rights of any person, including without limitation others’ privacy rights and/or rights of publicity, and/or harvest and/or collect personally identifiable information about other users of the Site.
• Impersonate any person, including any of our (and/or our affiliates’) representatives; falsely state and/or otherwise misrepresent your affiliation with any person; or express or imply that we endorse any statement and/or posting you make.
• Interfere with or disrupt the operation of the Site and/or the servers and/or networks used to make the Site available; and/or violate any requirements, procedures, policies and/or regulations of such networks.
• Restrict and/or inhibit any other person from using the Site (including by hacking or defacing any portion of the Site).
• Use the Site to advertise and/or offer to sell and/or buy any goods and/or services without our express prior written signed consent.
• Reproduce, duplicate, copy, sell, resell and/or otherwise exploit for any commercial purposes, any portion of, use of, and/or access to the Site.
• Except as expressly permitted by applicable law, modify, adapt, translate, reverse engineer, decompile and/or disassemble any portion of the Site.
• Remove any copyright, trademark and/or other proprietary rights notice from the Site and/or materials originating from the Site.
• Frame and/or mirror any part of the Site without our express prior written signed consent.
• Create a database by systematically downloading and storing all and/or any Site content.
• Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” and/or in any way reproduce and/or circumvent the navigational structure or presentation of the Site, without our express prior written signed consent.
We may terminate your use of the Site for any conduct that we consider to be inappropriate, and/or for your breach of this Agreement, including the Rules of Conduct (including, without limitation, if you repeatedly engage in copyright infringement via or in connection with the Site).

5. Registration. You may need to register to use any part(s) of the Site. We may reject, and/or require that you change, any user name, password and/or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you are responsible for any and all uses of your user name and password, and you agree to promptly notify us of any confidentiality breach or unauthorized use of your user name and password, and/or your Site account.

6. Submissions.
a. Generally. The Site may contain areas where you can post information and materials, including, without limitation, text, images, photographs, graphics, music, videos, audiovisual works, data, files, links and other materials (each, a “Submission”). For purposes of clarity, you represent and warrant that that you solely own each Submission that you post, subject to the terms and conditions of this Agreement (including the license grant in Section 6.b below).
b. License Grant. For each Submission that you post, you hereby grant to us and our affiliates (including without limitation Word Entertainment LLC and our other affiliated record labels) (collectively, our “Affiliates”) a world-wide, royalty free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and fully sublicensable (through multiple tiers) license, without additional consideration to you and any person, to: (i) reproduce, distribute, transmit, communicate to the public, perform and display (publicly or otherwise), edit, modify, adapt, create derivative works from and otherwise use such Submission, in any format and media now known and hereafter developed, on and/or in connection with the Site and/or any of our (and our Affiliates’) similar services or products (e.g., any and all web sites and any and all desktop, mobile and/or other applications, widgets and APIs) (such services and/or products, collectively, the “Site-Related Services”); (ii) exercise all trademark, publicity and other proprietary rights with regard to such Submission; (iii) use your name, photograph, portrait, picture, voice, likeness and biographical information as provided by you in connection with your Submission for any promotional purposes related to the Site and/or the Site-Related Services, in each case, in connection with your Submission; and (iv) use your Submission (including the contents thereof) for any promotional and/or other business purposes related to the Site, the Site-Related Services, and Artists. For the purpose of clarification, nothing in this Agreement shall be deemed to authorize you to incorporate into any Submission any content and/or material owned by us, our Affiliates and/or our respective artists and songwriters (said artist and said songwriters are sometimes referred to herein individually and collectively as the “Artists”), directors, officers, employees, agents and representatives (“Representatives”) and third party service providers (e.g. licensors and operators of the merchandise store linked to the Site) (collectively, “Providers”, individually a “Provider”). IF YOU DO NOT WISH TO GRANT THE RIGHTS GRANTED IN THIS SECTION 6, DO NOT POST ANY SUBMISSIONS ON THE SITE.
c. Disclaimers. It is possible that Site visitors will post information and/or materials on the Site that are wrong and/or misleading and/or that otherwise violate this Agreement. We, our Affiliates and our respective Artists, Representatives and Providers do not endorse and are not responsible for any information and/or materials made available through the Site and/or your use of such information and/or materials. All Submissions will be deemed to be non-confidential and may be used by us (i) without any confidentiality and/or other non-disclosure obligations and (ii) without attribution to you and/or any person. We reserve the right, in our sole discretion and at any time, to set limits on the number and size of any Submissions that may be posted on the Site and the amount of storage space available for Submissions.
d. Acknowledgement. You hereby acknowledge and agree that (i) you have received good and valuable consideration in exchange for the rights granted by you hereunder in and to each Submission that you post, including, without limitation, the ability to participate in activities on the Site and the possibility that publicity or exposure may arise from our and/or our Affiliates’ use of such Submission and/or any derivative works incorporating and/or embodying such Submission; and (ii) you are not entitled to any further compensation for any use and/or other exploitation of such Submission by us, our Affiliates and/or any other person (including, without limitation, our or our Affiliates’ Artists, Representatives and Providers) pursuant to the rights in such Submission that have been granted hereunder and/or that are available under applicable law.
e. Representations and Warranties. You hereby represent and warrant that: (i) you have the legal right and authority to enter into this Agreement; (ii) you solely own and have the full right and permission to exploit, all of the rights in, to, and under each Submission that you post and to grant the rights and licenses set forth herein, and with respect to any and all third party materials that appear in or are otherwise incorporated or embodied in any Submission that you post, you have obtained express, written clearances from all owners of and rights holders in such third party materials as necessary to grant the rights and licenses set forth herein; (iii) you have obtained the written consent, release, and/or permission of every identifiable individual who appears in any Submission that you post, to use such individual’s name and likeness for purposes of using and otherwise exploiting such Submission(s) in the manner contemplated by the Agreement, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual’s parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request); (iv) each Submission that you post, and the use thereof by us, our Affiliates, and our and their respective designees (including, without limitation, our and their respective Artists, Representatives and Providers), does not and shall not infringe upon and/or violate any patent, copyright, trademark, trade secret, and/or other intellectual property rights and/or other rights of any person; (v) each Submission that you post is not confidential and does not contain any confidential information; and (vi) in creating, preparing and posting each Submission, you (A) have complied and will comply in all respects with all applicable laws, rules (including, without limitation, our Rules of Conduct), and regulations and (B) have not violated and will not violate any understanding by which you are explicitly or implicitly bound (including without limitation any agreement with any person). Without limiting your other obligations in this Agreement, if you do post a Submission that contains the likeness of an identifiable individual, we strongly encourage you not to include any identifying information (such as the individual’s name or address) within such Submission.
f. Waiver; Further Assurances; Indemnity. To the extent permitted under applicable law, you hereby forever release, discharge and waive all claims against us, our Affiliates and our and their respective Artists, Representatives and Providers from, and covenant not to initiate, file, maintain, and/or proceed upon any suit, claim, demand, and cause of action against us, our Affiliates and our and their respective Artists, Representatives and Providers with respect to, any and all claims, demands, actions, losses, costs, damages, liabilities, judgments, settlements and expenses (including, without limitation, reasonable attorneys’ fees) that relate in any way to this Agreement and/or the use of any and all Submissions by you in a manner consistent with the rights granted under this Agreement, including, without limitation, any claim for idea misappropriation. Additionally, to the extent permitted under applicable law, you hereby waive any and all rights that you may have under laws worldwide that concern “moral rights” and “droit moral,” and similar rights, in connection with each Submission that you post (and you hereby represent and warrant that you have obtained clear, express written waivers from any and all applicable third parties with respect to any and all rights that such third parties may have under such laws in connection with each Submission that you post). At any time upon our request, you shall: (i) take and cause to be taken all such actions as we may reasonably deem necessary or desirable in order for us and our Affiliates to obtain the full benefits of this Agreement and any and all licenses granted by you hereunder, and (ii) execute a non-electronic hard copy of this Agreement. Without limiting any other provision herein, you hereby indemnify us, our Affiliates, and our and their respective Artists, Representatives and Providers as further set forth herein, including in Section 15 below.

g. No Obligation to Use. For the purpose of clarification, it shall be in our sole discretion whether or not to exercise any right(s) granted to us under this Agreement, and we shall have no obligation to use and/or otherwise exploit any Submission.

7. Unsolicited Submissions. Notwithstanding anything to the contrary in this Agreement, we and our Affiliates do not accept, invite and/or consider unsolicited submissions of ideas, proposals and/or suggestions (“Unsolicited Submissions”), whether related to the Site and/or otherwise. We do not treat Unsolicited Submissions as confidential, and we have the right to own any and all Unsolicited Submissions as our or our Affiliates’ sole property. We and our Affiliates have no obligations with respect to Unsolicited Submissions and may use them for any and all purposes whatsoever without compensation to you and/or any other person.

8. Monitoring. We may, but have no obligation to: (a) monitor, evaluate and/or alter Submissions before and/or after they appear on the Site; (b) seek to verify that all rights, consents, releases and permissions in or relating to such Submission have been obtained by you in accordance with your representations above; (c) refuse, reject or remove any Submission at any time or for any reason (including, without limitation, if we determine, in our sole discretion, that all rights, consents, releases and permissions have not been obtained by you despite your representations above). You agree to cooperate with us in our verification and inquiries related to the foregoing. We may disclose any Submissions and the circumstances surrounding their transmission to any person for any reason and/or purpose, and in accordance with our Privacy Policy. If you become aware of any unlawful, offensive and/or objectionable material(s) on the Site (except for material that infringes copyright, which is addressed in Section 21 below), contact us at privacypolicy@curb.com with your name and address, a description of the material(s) at issue and the URL or location of such materials.

9. Rules for Promotions. Sweepstakes, contests, raffles and other promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with this Agreement, the Promotion rules will apply.

10. Our Proprietary Rights. We, our Affiliates and our respective licensors and suppliers own or control information and materials made available through the Site. Such information and materials are protected by copyright, trademark, patent and/or other proprietary rights and laws. You agree not to reproduce, modify, rent, lease, loan, sell, distribute and/or create derivative works based on, all or any part of the Site and/or any information and/or materials made available through the Site.
We, our Affiliates and/or our respective licensors and suppliers own or control the trade names, trademarks and service marks on the Site, including without limitation Curb Records, Curb | Word Entertainment, Word Entertainment, Curb Publishing, Curb | Publishing, 25 Live, and any and all associated logos. All trademarks and/or service marks on the Site not owned by us or our Affiliates are the property of their respective owners. You may not use our and/or our Affiliates’ trade names, trademarks and/or service marks. Nothing contained on the Site should be construed as granting any license and/or right to use any trade names, trademarks and/or service marks without express prior written signed consent of the owner.
PLEASE NOTE THAT UNAUTHORIZED USE OF ANY SERVICE AND/OR PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY SOFTWARE USED BY THE SERVICES, MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, (INCLUDING, WITHOUT LIMITATION, POSSIBLE MONETARY DAMAGES), INCLUDING, WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.

11. Third Parties. The Site may include third party software applications and services (or links thereto) that are made available by our Providers (“Third Party Applications”). The Site may include links to third party websites (that may or may not have the same look and feel as the Site) (including without limitation our merchandising partners) (“Third Party Linked Sites”). Because we do not control Third Party Applications and we do not control Third Party Linked Sites, you agree that neither we nor our Affiliates, nor our respective Artists and Representatives, are responsible and liable for any Third Party Applications and for any Third Party Linked Sites, including the performance, accuracy, integrity, quality, legality, usefulness, and safety of, and intellectual property rights relating to, Third Party Applications, Third Party Linked Sites or their use. We have no obligation to monitor Third Party Applications and/or Third Party Linked Sites, and we may remove or restrict access at any time(s) to any Third Party Applications and/or Third Party Linked Sites (in whole or part) from the Site. The availability of Third Party Applications and Third Party Linked Sites on the Site does not imply our endorsement of, and/or our affiliation with any Provider of, such Third Party Applications and/or Third Party Linked Sites. Further, your use of Third Party Applications and Third Party Linked Sites may be governed by additional terms and conditions that are not set forth in this Agreement or our Privacy Policy (for example, terms and conditions that are made available by Providers themselves in connection with Third Party Applications). This Agreement does not create any legal relationship between you and Providers with respect to Third Party Applications and Third Party Linked Sites, and nothing in this Agreement shall be deemed to be a representation and/or warranty by us, and/or any of our Affiliates, and/or our respective Artists, Representatives and/or Providers, with respect to any Third Party Application and/or Third Party Linked Sites.

12. Third Party Content. The Site may incorporate certain functionality that allows, via the system or network of which the Site is a component, the routing and transmission of, and online access to, certain digital communications and content made available by third parties (“Third Party Content”). By using such Site functionality, you acknowledge and agree that you are directing us to access and transmit to you Third Party Content associated with such functionality. Because we do not control Third Party Content, you agree that we are neither responsible nor liable for any Third Party Content, including the accuracy, integrity, quality, legality, usefulness, and/or safety of, and/or intellectual property rights relating to, Third Party Content. We have no obligation to monitor Third Party Content, and we may block and/or disable access to any Third Party Content (in whole or part) via the Site at any time. Your access to and/or receipt of Third Party Content via the Site does not imply our endorsement of, or our affiliation with any provider of, such Third Party Content. Further, your use of Third Party Content may be governed by additional terms and conditions that are not set forth in this Agreement and/or our Privacy Policy (for example, terms and conditions that are made available by the providers of such Third Party Content). This Agreement does not create any legal relationship between you and the providers of such Third Party Content with respect to such Third Party Content, and nothing in this Agreement shall be deemed to be a representation and/or warranty by us, and/or any of our Affiliates, or our respective Artists, Representatives or Providers, with respect to any Third Party Content.

13. Links and Feeds. The Site may provide links to and/or feeds from other web sites and online resources. We and our Affiliates are not responsible for and do not endorse such external sites and/or resources. Other sites may link to the Site with and/or without our authorization, and we may block any links to or from the Site. YOUR ACCESS TO AND USE OF THIRD PARTY APPLICATIONS, THIRD PARTY WEB SITES, THIRD PARTY LINKED SITES, CONTENT AND RESOURCES IS AT YOUR OWN RISK.

14. Limitations of Liability and Disclaimers. THE SITE AND ALL GOODS, SERVICES, PRODUCTS, THIRD PARTY APPLICATIONS, THIRD PARTY LINKED SITES, THIRD PARTY CONTENT, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY EXPRESS REPRESENTATIONS AND WARRANTIES OF ANY KIND, AND WE, OUR AFFILIATES AND OUR RESPECTIVE ARTISTS, REPRESENTATIVES AND PROVIDERS DISCLAIM ALL STATUTORY AND IMPLIED REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS WITH RESPECT TO THE SITE AND ALL GOODS, SERVICES, PRODUCTS, THIRD PARTY APPLICATIONS, THIRD PARTY LINKED SITES, THIRD PARTY CONTENT, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THE SITE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE. (CERTAIN PROVIDERS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR THIRD PARTY APPLICATIONS AND THIRD PARTY LINKED SITES; PLEASE CHECK WITH SUCH PROVIDERS FOR FURTHER INFORMATION.) WE MAKE NO REPRESENTATION AND WARRANTY THAT THE SITE (AND/OR ANY PART THEREOF), AND ANY GOODS, SERVICES, PRODUCTS, THIRD PARTY APPLICATIONS AND THIRD PARTY LINKED SITES, THIRD PARTY CONTENT, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THE SITE IS OR WILL BE ACCURATE, COMPLETE, ERROR-FREE, AND COMPATIBLE WITH ANY PARTICULAR SOFTWARE AND/OR HARDWARE. FURTHER, WE MAKE NO REPRESENTATION AND WARRANTY THAT ANY AND ALL SOFTWARE, HARDWARE, EQUIPMENT AND/OR OTHER DEVICE AND/OR SYSTEM USING THE SITE AND/OR ANY GOODS, SERVICES, PRODUCTS, THIRD PARTY APPLICATIONS, THIRD PARTY LINKED SITES, THIRD PARTY CONTENT, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THE SITE WILL FUNCTION IN ANY MANNER. YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO USE THE SITE AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE, EQUIPMENT, DEVICES, SYSTEMS AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SITE AND ANY GOODS, SERVICES, PRODUCTS, THIRD PARTY APPLICATIONS, THIRD PARTY LINKED SITES, THIRD PARTY CONTENT, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THE SITE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ANY THIRD PARTY APPLICATIONS, THIRD PARTY LINKED SITES, THIRD PARTY CONTENT, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THE SITE.
WE, OUR AFFILIATES AND OUR RESPECTIVE ARTISTS, REPRESENTATIVES AND PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND/OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SITE, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS AND/OR INTERRUPTION OF BUSINESS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE (INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH YOUR USE AND/OR RECEIPT OF ANY THIRD PARTY APPLICATIONS, THIRD PARTY LINKED SITES AND/OR THIRD PARTY CONTENT), AND/OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES AND/OR LOSSES. FURTHER, WE, OUR AFFILIATES AND OUR RESPECTIVE ARTISTS, REPRESENTATIVES AND PROVIDERS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE SITE AND/OR FROM ANY THIRD PARTY APPLICATIONS, THIRD PARTY LINKED SITES, THIRD PARTY CONTENT, INFORMATION AND/OR MATERIALS ON THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) AND/OR OTHERWISE SHALL BE THE TOTAL AMOUNT PAID BY YOU TO US TO ACCESS AND USE THE SITE.
IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES AND/OR EXCLUSIONS AND/OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME AND/OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
While we try to maintain the security of the Site, we do not guarantee that the Site or any Third Party Applications and/or Third Party Linked Sites will be secure and/or that any use of the Site, any Third Party Applications and/or Third Party Linked Sites will be uninterrupted. Additionally, third parties may make unauthorized alterations to the Site, any Third Party Applications and/or Third Party Linked Sites. If you become aware of any unauthorized third party alterations to the Site, contact us at privacypolicy@curb.com with a description of the material(s) at issue and the URL or location of such materials.

15. Indemnity. Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless us, our Affiliates and our and their respective Artists, Representatives and Providers, from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Site, Third Party Applications and Third Party Linked Sites; (b) any violation of this Agreement by you; (c) any use or other exploitation, or failure or omission to use or otherwise exploit, any Submission (including any portion thereof) that you post; and (d) any claim that your Submission or any use or exploitation thereof caused damage to or infringed upon and/or violated the rights of a person, including without limitation past, present or future infringement, misappropriation, libel, defamation, invasion of privacy or right of publicity or violation of rights related to the foregoing.

16. Termination. This Agreement is effective until terminated. We may, at any time and for any reason, terminate your access to or use of: (a) the Site, (b) your user name and password and/or (c) any files or information associated with your user name and password. If we terminate your access to the Site, you will not have the right to bring claims against us, our Affiliates and/or our respective Artists, Representatives and Providers with respect to such termination. We and our Affiliates and our respective Artists, Representatives and Providers, shall not be liable for any termination of your access to the Site or to any such information or files, and shall not be required to make such information and/or files available to you after any such termination. We may take steps that we believe are appropriate to enforce and/or verify compliance with any part of this Agreement (including our right to cooperate with any legal process relating to your use of the Site or any third party claim that your use of the Site is unlawful and/or infringes such third party’s rights). All applicable Sections of this Agreement shall survive any expiration or termination of this Agreement.

17. Governing Law; Dispute Resolution. You hereby agree that this Agreement (and any and claims and disputes arising in connection with this Agreement and/or your use of the Site) is governed by and shall be construed in accordance with the laws of the State of Tennessee, U.S.A., without regard to its principles of conflicts of law, and you consent to the exclusive jurisdiction of the federal and state courts located in Nashville, Tennessee, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections thereto.
You further agree that the United Nations Convention on the International Sale of Goods will not apply to this Agreement. You agree that any unauthorized use of the Site, and/or any related software and/or materials, any Third Party Applications and/or and Third Party Linked Sites, would result in irreparable injury to us, our Affiliates or our respective Artists, Representatives and Providers for which money damages would be inadequate, and in such event we, our Affiliates and/or our respective Artists, Representatives and Providers, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this Section or elsewhere in this Agreement shall be construed to limit remedies and/or relief available pursuant to statutory and/or other claims that we, our Affiliates and/or our respective Artists, Representatives and Providers may have under separate legal authority, including, without limitation, any claim for intellectual property infringement.

18. Filtering. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections are commercially available that may assist you in limiting access to material that is harmful to minors. Information about how to protect your child’s privacy online is available at: http://onguardonline.gov. Please note that we do not endorse any products and/or services listed at this site.

19. Information or Complaints. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please feel free to contact us via e-mail at privacypolicy@curb.com. E-mail communications are not necessarily secure, so please do not include credit card information or other sensitive information in any e-mail to us. You may also contact us by writing to us at Curb Records, Inc., 48 Music Square East, Nashville, TN 37203 Attn.: Legal Department. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445 1254 or (800) 952-5210.

20. Forward-Looking Statements. Statements appearing on the Site that concern us, our Affiliates, Artists, Representatives, Providers and/or our and their management and that are not historical facts are “Forward-Looking Statements.” Forward-Looking Statements are only predictions, and actual future events may differ materially from those discussed in any Forward-Looking Statement. Various external factors and risks affect our operations, markets, products, services and prices.

21. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or disable access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details. Notices and counter-notices should be sent to:
Curb Records, Inc.
48 Music Square East
Nashville, TN 37203
Attn.: Legal Dept.
We suggest that you consult your legal advisor before filing a notice or counter-notice.

22. Ability to Enter Into This Agreement. By using the Site, you affirm that you are of legal age to enter into this Agreement or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement.

23. Contact Us. If you have any questions regarding the meaning or application of this Agreement, please direct such questions to privacypolicy@curb.com. E-mail communications are not necessarily secure, so please do not include credit card information and/or other sensitive information in any e-mail to us.

24. Miscellaneous. This Agreement does not create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. If any provision of this Agreement is found to be invalid, illegal or unenforceable, that provision will not affect the validity and enforceability of any other provision. You may not assign, transfer or sublicense any or all of your rights and/or obligations under this Agreement without our express prior written signed consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement hereby incorporates by this reference any additional terms that we post on the Site (including, without limitation, our Privacy Policy) and, except as otherwise expressly stated herein, this Agreement is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you may be made via posting to the Site, by e-mail or by regular mail, in our discretion. We may also provide notice of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. You agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failure to fulfill any obligation due to causes beyond our control. Except as expressly set forth in the following sentence, nothing in this Agreement, express or implied, is intended to confer, nor shall anything herein confer on, any person other than the parties and the respective successors or permitted assigns of the parties, any rights, remedies, obligations and/or liabilities. Notwithstanding the previous sentence, you agree that our Affiliates and our and their respective Artists, Representatives and those Providers who are content owners and service providers from whom we have obtained a license or other rights to use their content and services, as applicable, in connection with the Site) are third-party beneficiaries under this Agreement with the right to enforce the provisions of this Agreement that directly apply to such parties. Notwithstanding the immediately preceding sentence, our right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any person. For purposes of this Agreement, the term “person”, as used herein, shall mean and refer to any and all individual(s) and/or entity(ies) and/or any and all other organized group of persons and/or legal successors or representatives of the foregoing. For the avoidance of doubt, (i) the use of the words “or” and “and” shall be interpreted for our benefit (e.g. “or” may also mean “and/or” if we elect) and (ii) the use of the word “and/or” shall be interpreted for our benefit.
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