LAST UPDATED: September 10, 2026
Terms of Use
Please read these Terms of Use (the “Agreement”) carefully. Your use of the Site (as defined below) constitutes your consent to this Agreement.
This Agreement is between you and Curb Records, Inc. (“Company” or “we” or “us”) concerning your use of (including any access to), as applicable, our website and/or mobile software application (the “App”) that links to and is associated with this Agreement (together with any successor website[s] and App[s], and all Services [as defined below], the “Site”). We provide Site users with access to content and services related to us and our artists and films (collectively, the “Services”).
THE SITE IS NOT DIRECTED TO CHILDREN UNDER 13 YEARS OF AGE, AND CHILDREN UNDER 13 MAY NOT USE THE SITE OR PROVIDE PERSONAL INFORMATION THROUGH THE SITE. BY USING THE SITE, YOU AFFIRM THAT YOU ARE AT LEAST 13 YEARS OF AGE AND OF LEGAL AGE TO ENTER INTO THIS AGREEMENT. IF YOU ARE AT LEAST 13 BUT NOT OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, YOU MAY USE THE SITE ONLY WITH THE CONSENT AND SUPERVISION OF A PARENT OR LEGAL GUARDIAN WHO AGREES TO BE BOUND BY THIS AGREEMENT ON YOUR BEHALF. YOU MUST BE AT LEAST 18 YEARS OF AGE TO INITIATE A TRANSACTION.
IF YOU ARE AN INDIVIDUAL ACCESSING OR USING THE SITE ON BEHALF OF, OR FOR THE BENEFIT OF, ANY CORPORATION, PARTNERSHIP OR OTHER ENTITY WITH WHICH YOU ARE ASSOCIATED (AN “ORGANIZATION”), THEN YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THIS AGREEMENT. References to “you” and “your” in this Agreement will refer to both the individual using the Site and to any such Organization.
By using the Site, you agree to this Agreement and to any additional rules and guidelines posted on the Site. We may change this Agreement from time to time and may notify you by any reasonable means, including by posting the revised Agreement and updating the ‘Last Updated’ legend. To the extent required by applicable law, we will provide advance notice of material changes and request affirmative acceptance. Material changes will not apply retroactively to a claim or dispute that arose before notice of the change. Your continued use of the Site after a change becomes effective constitutes acceptance to the fullest extent permitted by law. If you do not agree to a change, you must stop using the Site. Subject to applicable law, we may at any time and without liability, modify or discontinue all or part of the Site; charge, modify or waive fees; or offer opportunities to some or all users.
1. Our Proprietary Rights. We, our affiliates (including Curb Films International Corporation, 25 Live, LLC, Word Entertainment LLC and our other affiliated companies) (collectively, our “Affiliates”) and our and their respective licensors and suppliers own the information and materials available through the Site. Such information and materials are protected by copyright, trademark, and/or other proprietary rights and laws. Except as expressly authorized in advance by us, you must not reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based on, all or any part of the Site or any information or materials available through the Site.
We, our Affiliates and/or our and their respective licensors or suppliers own the trade names, trademarks and service marks on the Site, including, with respect to us and our Affiliates, and any associated logos. All trade names, trademarks and service marks on the Site not owned by us or our Affiliates are the property of their respective owners. You may not use our or our Affiliates’ trade names, trademarks and service marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site grants, nor should be construed as granting, any license or right to use any trade names, trademarks or service marks without express prior written consent of the owner.
PLEASE NOTE THAT UNAUTHORIZED USE OF ANY SERVICE OR PRODUCT, INCLUDING ANY SOFTWARE USED BY THE SERVICES, MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, (INCLUDING POSSIBLE MONETARY DAMAGES), INCLUDING FOR COPYRIGHT INFRINGEMENT.
2. Information You Submit. Information submitted through the Site is governed by our Privacy Policy, available at https://www.curb.com/privacy-policy/ (the ‘Privacy Policy’), which is incorporated by reference. Information submitted to a third party in connection with Third Party Materials may be governed by that third party’s privacy policy rather than ours. We are not responsible for third-party information practices. You represent that information you provide to us is true, accurate and complete and will update it as appropriate. If you make personally identifiable or other information publicly available on the Site, you do so at your own risk.
3. Rules of Conduct. In using the Site, you agree to obey the law, respect the rights of others and avoid objectionable, unlawful, defamatory 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:
o 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 or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of the right.
o Any material that is unlawful or would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; that promotes gambling; or that encourages or provides instructional information about illegal or tortious activities.
o Any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
o Any unsolicited or unauthorized advertising, promotional materials, or other form of solicitation.
o Any material non-public information about a company without the proper authorization to do so.
o Use the Site for any fraudulent or unlawful purpose.
o Use the Site to defame, abuse, harass, stalk, threaten or violate the legal rights of others, including privacy rights or rights of publicity, or harvest or collect personally identifiable or other information regarding Site users.
o Impersonate any person or entity, including any of our representatives; falsely state or misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make.
o Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of the Site; or violate any requirements, procedures, policies or regulations of those networks.
o Restrict or inhibit any other person from using the Site.
o Use the Site to advertise or offer to sell or buy any goods or services.
o Reproduce, modify, adapt, translate, create derivative works of, sell, resell, rent, lease, loan, timeshare, distribute or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
o Reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law.
o Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
o Frame or mirror any part of the Site.
o Create a database by systematically downloading and storing all or any Site content.
o Use any robot, spider, site search/retrieval application, automated agent or other manual or automatic device to retrieve, index, scrape, data mine, monitor, copy or circumvent the navigational structure or presentation of the Site. Except where expressly prohibited by law, you shall not use Site content or information to develop, train, test, validate, fine-tune or improve any software tool, service, machine-learning algorithm or artificial-intelligence system; create or enhance model weights, embeddings, retrieval-augmented databases or synthetic datasets; or provide Site content as a prompt, input, grounding source or training material for any such system, without our express prior written consent.
o Distribute or make available any product, service, dataset, model, output or other material that (a) was developed, generated or improved through use of Site content or information obtained in violation of this Agreement or (b) constitutes or incorporates a software tool, service, machine-learning algorithm or artificial-intelligence system developed, trained, tested, validated or improved through use of Site content or information in violation of this Agreement.
We may terminate your use of the Site for any conduct that we consider to be inappropriate, or for your breach of this Agreement, including the Rules of Conduct (including if you repeatedly engage in copyright infringement in connection with the Site).
4. Registration. You may need to register to use any part(s) of the Site. We may reject, or require that you change any user name, password 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 use 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, or your Site account.
5. Submissions. The Site may contain areas where you can post information and materials (each, a “Submission”). We are not responsible for third-party use or misuse of Submissions. IF YOU MAKE PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK. You retain ownership of your Submissions, subject to this Agreement. For each Submission, you grant to us, our Affiliates and our and their designees a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable license, without additional consideration, to reproduce, distribute, transmit, communicate to the public, perform, display, edit, modify, adapt, translate, title, retitle, create derivative works from, analyze and otherwise use and exploit the Submission, in whole or in part, in any format or media now known or later developed, on or in connection with the Site, our or our Affiliates’ recordings, compositions and/or artwork for records and/or merchandise, our or our Affiliates’ services and/or products, or any other products and/or services, for any purpose, including advertising, publicity, promotional and commercial purposes. The license includes the right to use and authorize others to use your name, user name and/or biographical information and to use any name, username, image, likeness, voice, performance, biographical information, captions, credits and metadata contained in or submitted with the Submission, and to omit or modify attribution. Nothing in this Agreement authorizes you to include in a Submission material owned or controlled by us, our Affiliates, our respective artists (“Artists”), directors, officers, employees, agents and representatives (“Representatives”), licensors or service providers (“Providers”).
You represent and warrant that: (i) you own or have all rights and permissions necessary to exploit each Submission and grant the rights to us and our Affiliates in this Agreement; (ii) you have obtained the written consent and release of every identifiable person who appears in or is heard in a Submission, including rights to the person’s name, likeness, voice and performance; (iii) for each minor, you have obtained written consent and release from the minor’s parent or legal guardian and will provide it upon request; (iv) the Submission and its use by us, our Affiliates and our and their designees do not infringe, misappropriate or violate any intellectual-property, privacy, publicity, contractual or other right; (v) the Submission is not confidential and contains no confidential information; (vi) the Submission is complete, accurate and not fraudulent, defamatory or tortious; and (vii) you complied with all applicable laws and the Rules of Conduct. We may require a separate written release, including a minor release and parent or guardian consent, before exploiting a Submission. We have no obligation to use a Submission. Submissions are non-confidential and may be used without a confidentiality obligation or attribution, to the extent permitted by law.
ADDITIONALLY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU HEREBY WAIVE ANY RIGHTS THAT YOU MAY HAVE UNDER LAWS WORLDWIDE THAT CONCERN “MORAL RIGHTS” OR “DROIT MORAL,” OR SIMILAR RIGHTS, IN CONNECTION WITH ANY SUBMISSION THAT YOU POST (AND YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE OBTAINED CLEAR, EXPRESS WRITTEN WAIVERS FROM ANY APPLICABLE THIRD PARTIES WITH RESPECT TO ANY RIGHTS THAT ANY THIRD PARTIES MAY HAVE UNDER SUCH LAWS IN CONNECTION WITH ANY SUBMISSION THAT YOU POST). IF YOU DO NOT WISH TO GRANT THE RIGHTS GRANTED IN THIS SECTION 5, PLEASE DO NOT POST ANY SUBMISSIONS ON OR TO THE SITE.
Without limiting the foregoing, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Site or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Company under any fiduciary or other obligation. Further without limiting the foregoing, in the event we or our Affiliates indicate that we or our Affiliate shall own a Submission (e.g., contest entry rules), then in addition to all of your foregoing warranties, representations and agreement regarding the Submission, you also irrevocably assign the ownership (including, the copyright thereto and all renewals and extension thereof) in and to the Submission to us or our Affiliates.
6. Unsolicited Submissions. We and our Affiliates do not accept, invite or consider unsolicited ideas, proposals, concepts, songs, recordings, films, scripts, treatments or other materials (‘Unsolicited Submissions’). Unsolicited Submissions are not confidential. By providing one, you grant us and our Affiliates a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, transferable and fully sublicensable license to use, reproduce, modify, adapt, distribute, display, perform, create derivative works from and otherwise exploit it for any lawful purpose, without compensation, attribution or obligation. You acknowledge that we or our Affiliates may already have developed, may be developing, or may later develop or receive similar or identical material, and you waive and agree not to assert any claim based on alleged similarity, use or independent development, except where prohibited by law.
7. Monitoring. We may, but have no obligation to, monitor, evaluate, analyze, alter or remove Submissions before or after they appear, or monitor and analyze access to or use of the Site. Consistent with the Privacy Policy and applicable law, we may disclose information regarding the Site, Submissions and your access to or use of the Site to our Affiliates, Providers and service providers; to protect the rights, property, safety or security of the Company, our Affiliates, Artists, Representatives, Providers, users or others; to investigate or enforce this Agreement; in connection with a business transfer; or in response to legal process, governmental requests or other legal requirements.
8. Your Limited Rights. The App is licensed (not sold) to end users. Subject to your compliance with this Agreement, and solely for so long as you are permitted by us to use the App, we hereby permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the App on a mobile device that you own or control, solely for your personal, non-commercial use. If you fail to comply with any of the terms or conditions of this Agreement, you must immediately cease using the App and remove (that is, uninstall and delete) the App from your mobile device.
9. Products. Products sold on the Site may include (but are not limited to) compact discs, vinyl records, digital downloads, digital wallpaper, apparel, hats, posters, fan-club memberships and other goods, content or services (collectively, “Products”). Notwithstanding anything to the contrary unless expressly indicated otherwise at the point of sale, even if branded as part of our Site, Products are offered and sold by independent third-party vendors (“Vendors”) through websites, webpages, applications or other services owned, operated or controlled by such Vendors (collectively, “Vendor Sites”). Links to Vendor Sites are provided solely for convenience and do not mean that we own, operate or control the Vendor Sites.
Unless expressly indicated otherwise, the applicable Vendor, and not Company or any of our Affiliates, is the seller and merchant of record for any Products. The Vendor independently controls the applicable Vendor Site and Transaction (as defined below); establishes the prices, taxes, shipping charges, availability, discounts, promotional terms, payment methods, fulfillment terms and return and refund policies; collects and processes all payments; accepts or rejects orders; and fulfills and ships Products directly to its customers (e.g., you). The Vendor is also solely responsible for order confirmations, receipts, billing inquiries, customer service, delivery, cancellations, returns, exchanges, refunds, chargebacks, taxes and other matters relating to the Transaction.
We are not a party to any Transaction between you and a Vendor and do not act as the Vendor’s agent, partner, joint venturer, distributor, reseller, payment processor or fulfillment provider. No Vendor has authority to make any representation, warranty, commitment or agreement on behalf of Company, any of our Affiliates or our Artists. To the fullest extent permitted by applicable law, neither Company nor any of our Affiliates, Artists, Representatives or Providers is responsible or liable for any Vendor, Vendor Site, Product or Transaction, including the acts or omissions of a Vendor; the collection, processing, security or use of payment or personal information; the accuracy of Product descriptions, images, prices or availability; the quality, condition, legality, safety or suitability of Products; or any payment, billing, fulfillment, shipping, delivery, loss, damage, delay, cancellation, return, exchange, refund, chargeback, tax or customer-service matter.
Your access to and use of a Vendor Site and each Transaction are governed by the applicable Vendor’s terms of use, privacy policy, sales terms, return and refund policy and other applicable terms (“Vendor Terms”), and not solely by this Agreement or our Privacy Policy. You should review the Vendor Terms before providing information or initiating a Transaction. Any dispute concerning a Vendor Site, Product or Transaction must be addressed directly with the applicable Vendor, subject to any rights you may have under applicable law.
We do not endorse, and make no representation or warranty concerning, any Vendor, Vendor Site, Product or Transaction.
All copyrights, trademarks, rights of publicity and other intellectual-property or proprietary rights embodied in or associated with the Products—including rights in any sound recording, musical composition, name, likeness, image, photograph, video, artwork, logo, packaging, design, software or other content—are owned or controlled by Company, our Affiliates, the applicable Vendor and/or their respective licensors. Your purchase, possession or use of a Product does not grant or waive any intellectual-property or other proprietary right except for the limited rights expressly provided in this Agreement or the applicable Vendor Terms. You are responsible for complying with all applicable local, state, federal and foreign laws, including age restrictions, concerning the purchase, possession and use of Products.
If Company expressly identifies itself at the point of sale as the seller or merchant of record for a particular Product, the terms presented by Company at checkout will govern that Transaction, and references in Sections 9 through 12 to the applicable Vendor will be deemed to refer to Company solely with respect to that Transaction.
10. Digital Content. IF YOU PURCHASE A PRODUCT THAT CONSTITUTES DIGITAL CONTENT (“DIGITAL CONTENT”), YOU ACKNOWLEDGE AND AGREE THAT THE DIGITAL CONTENT (DESPITE REFERENCES TO “BUY,” “SALE” OR “PURCHASE”) CONFERS NO TITLE OR OWNERSHIP THEREIN TO YOU. This Agreement also confers no title or ownership to you in any Digital Content. All Digital Content, and all intellectual-property and proprietary rights embodied in or associated with it, are owned or controlled by Company, our Affiliates, the applicable Vendor and/or other applicable rights holder. All rights not expressly granted are reserved. Nothing in a Transaction authorizes you to reproduce, distribute, publicly perform, publicly display, synchronize, adapt, modify or otherwise exploit any sound recording, musical composition, artwork, name, likeness or other protected material except as expressly permitted in writing by the applicable rights holder.
11. Purchases. A purchase or attempted purchase of a Product through a Vendor Site is referred to as a “Transaction.” Unless Company expressly identifies itself as the seller or merchant of record at the point of sale, each Transaction is solely between you and the applicable Vendor.
The Vendor, and not Company, determines what payment, billing, shipping and other information is required; collects and processes that information; determines whether to accept or reject the Transaction; charges the selected payment method; collects applicable taxes and fees; provides order confirmations and receipts; and fulfills the order. Company does not collect or receive the purchase price and may not receive or have access to your complete payment credentials, billing information, shipping information or other Transaction information. A Vendor may provide Company or our Affiliates with limited Transaction, customer, fulfillment or analytics information, subject to the applicable our Privacy Policy and applicable law.
BY INITIATING A TRANSACTION, YOU REPRESENT AND WARRANT THAT YOU (A) ARE AT LEAST 18 YEARS OLD OR THE AGE OF MAJORITY REQUIRED BY APPLICABLE LAW; (B) HAVE THE LEGAL RIGHT TO USE THE SELECTED PAYMENT METHOD; (C) WILL PROVIDE TRUE, ACCURATE AND COMPLETE INFORMATION; AND (D) WILL COMPLY WITH THE APPLICABLE VENDOR TERMS.
All prices, taxes, shipping and handling charges, payment methods, order-acceptance procedures, fulfillment terms, estimated delivery dates, cancellation rights, return and exchange procedures, refund rights and other Transaction terms are established and administered by the applicable Vendor. Questions, claims and disputes concerning a Transaction must be submitted directly to that Vendor.
Neither the display of a Product on the Site nor a link to a Vendor Site constitutes an offer by Company to sell the Product. Company and the applicable Vendor may change or correct Product descriptions, images, specifications, prices and availability; limit quantities; impose conditions on coupons or promotions; reject or cancel orders; restrict a person from initiating Transactions; or discontinue a Product, subject to applicable law. If a Product is listed at an incorrect price or with incorrect information, the Vendor may reject or cancel the Transaction in accordance with the Vendor Terms and applicable law.
Returns, exchanges, cancellations and refunds are governed exclusively by the applicable Vendor Terms and applicable law. Company does not determine, administer, process or fund Vendor returns, exchanges or refunds and is not responsible for a Vendor’s failure or refusal to provide any of them. Nothing in this Agreement limits any non-waivable right you may have against the applicable Vendor concerning cancellation, refund, defective or nonconforming Products, nondelivery or Digital Content.
To the fullest extent permitted by applicable law, Company and our Affiliates, Artists, Representatives and Providers will not be responsible or liable for any claim, loss, cost or damage arising out of or relating to a Vendor, Vendor Site, Product or Transaction. Without limiting the preceding sentence, the disclaimers, limitations of liability and indemnification provisions in Sections 14 through 16 apply to all Vendors, Vendor Sites, Products and Transactions.
12. Usage Restrictions for Products. Except to the extent expressly authorized in writing by the applicable rights holder or permitted by non-waivable applicable law, all Products you purchase, obtain or access on or through the Site or the Vendor Sites are solely for your personal, non-commercial use.
13. Third Party Materials. The Site may include or make available software applications, services and content, or links to software applications, services and content, from third parties, including our Providers (“Third Party Materials”). Third Party Materials may provide links to or feeds from other web sites and online resources. Neither we nor our Affiliates, nor our respective Artists and Representatives, are responsible or liable for any Third Party Materials, including the performance, accuracy, integrity, quality, legality, usefulness, safety of or intellectual property rights relating to, Third Party Materials, their access or their use. We have no obligation to monitor Third Party Materials, and we may remove or restrict access to any Third Party Materials (in whole or part) from the Site at any time. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. The availability of Third Party Materials on the Site does not imply our endorsement of, or our affiliation with any Provider of, the Third Party Materials. Further, your access to and use of Third Party Materials is at your own risk and may be governed by additional terms, conditions and policies that are not set forth in this Agreement or our Privacy Policy (for example, terms, conditions and policies that are made available by Providers themselves in connection with Third Party Materials). This Agreement does not create any legal relationship between you and Providers with respect to Third Party Materials, and nothing in this Agreement will be deemed to be a representation or warranty by us, or any of our Affiliates, or our respective Artists, Representatives or Providers, with respect to any Third Party Materials.
14. Disclaimers. THE SITE AND ALL GOODS, SERVICES, PRODUCTS, THIRD PARTY MATERIALS, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE, OUR AFFILIATES AND OUR RESPECTIVE ARTISTS, REPRESENTATIVES AND PROVIDERS DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS WITH RESPECT TO THE SITE AND ALL GOODS, SERVICES, PRODUCTS, THIRD PARTY MATERIALS, 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 MATERIALS; PLEASE CHECK WITH SUCH PROVIDERS FOR FURTHER INFORMATION.) WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE (OR ANY PART OF IT), OR ANY GOODS, SERVICES, PRODUCTS, THIRD PARTY MATERIALS, INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE IS OR WILL BE ACCURATE, COMPLETE, ERROR-FREE, OR COMPATIBLE WITH ANY PARTICULAR SOFTWARE OR HARDWARE. FURTHER, WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY SOFTWARE, HARDWARE, EQUIPMENT OR OTHER DEVICE OR SYSTEM USING THE SITE OR ANY GOODS, SERVICES, PRODUCTS, THIRD PARTY MATERIALS, INFORMATION OR 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 OR SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO USE THE SITE AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE, EQUIPMENT, DEVICES, SYSTEMS OR SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SITE AND ANY GOODS, SERVICES, PRODUCTS, THIRD PARTY MATERIALS, INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE. YOU MUST EVALUATE, AND YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SITE, ANY THIRD PARTY MATERIALS, INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE.
While we seek to maintain the security of the Site, we do not guarantee that the Site or Third Party Materials will be secure or uninterrupted. Third parties may make unauthorized alterations to the Site or any Third Party Materials. If you become aware of an unauthorized alteration or security issue affecting the Site, contact [email protected] with a description and the URL or location of the affected material. Do not include passwords, payment-card numbers or other sensitive information in an unencrypted email.
15. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR AFFILIATES AND OUR AND THEIR ARTISTS, REPRESENTATIVES, PROVIDERS, SUCCESSORS AND ASSIGNS WILL NOT BE LIABLE UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES; LOSS OF PROFITS, BUSINESS, USE, DATA, GOODWILL OR OTHER INTANGIBLES; LOSS OF SECURITY OF INFORMATION; OR UNAUTHORIZED INTERCEPTION OF INFORMATION, ARISING OUT OF OR RELATING TO THE SITE, PRODUCTS, SERVICES, THIRD PARTY MATERIALS OR THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING IT, EXCEPT FOR A REMEDY THAT CANNOT LAWFULLY BE WAIVED. OUR MAXIMUM AGGREGATE LIABILITY WILL NOT EXCEED THE LESSER OF (I) THE TOTAL AMOUNT YOU PAID TO US IN CONNECTION WITH THE MATTER GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE FIRST CLAIM OR (II) FIFTY DOLLARS ($50.00). EACH LIMITATION, EXCLUSION AND DISCLAIMER APPLIES SEPARATELY AND CONSTITUTES AN AGREED ALLOCATION OF RISK. NOTHING LIMITS LIABILITY OR A REMEDY THAT CANNOT LAWFULLY BE LIMITED OR EXCLUDED.
IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
16. Indemnity. Except where prohibited by law, you agree to defend, indemnify and hold harmless us, our Affiliates and our and their Artists, Representatives, Providers, successors and assigns from all claims, demands, actions, losses, liabilities, damages, judgments, settlements, penalties, costs and expenses (including reasonable attorneys’ fees) arising from (a) your access to, use of or activities involving the Site; (b) your violation of this Agreement; (c) a Submission, including its use or nonuse; or (d) an allegation that a Submission or its use infringes, misappropriates or violates a third party’s rights or causes injury. You will promptly notify us and cooperate fully at your expense. We may assume exclusive control of the defense and settlement with counsel of our choice, at your expense. You may not settle in a manner that admits fault by, imposes obligations on, or fails to provide a complete release to an indemnified party without our express prior written consent. Delayed notice relieves your obligations only to the extent of material prejudice.
17. Termination; Suspension. This Agreement remains effective until terminated. We may, at any time and for any lawful reason, terminate or suspend your access to or use of (a) the Site, (b) your username and password, or (c) files or information associated with your account. Following termination or suspension, we may delete or make inaccessible account information and files, subject to the Privacy Policy and applicable law. Termination or suspension may affect Digital Content (e.g., at checkout); any required refund or non-waivable consumer remedy remains available. To the fullest extent permitted by law, neither we nor our Affiliates, Artists, Representatives or Providers will be liable for a termination or suspension. We may take steps that we believe are reasonably appropriate to enforce or verify compliance with any part of this Agreement, including cooperating with legal processes or third-party claims. Sections 1, 5-7, 13-20, 22-25 and all terms that by their nature should survive will survive expiration or termination.
18. 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.
19. Governing Law; Dispute Resolution. This Agreement is governed by the laws of the United States and the State of Tennessee, without regard to conflict-of-law principles and regardless of your location, except to the extent mandatory law provides otherwise. You consent to the exclusive jurisdiction of the federal and state courts located in Davidson County, Tennessee, and waive objections based on jurisdiction, venue or inconvenient forum, to the fullest extent permitted by law.
TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY IRREVOCABLY WAIVES THE RIGHT TO A TRIAL IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SITE OR THE SERVICES. EACH PARTY FURTHER AGREES THAT LITIGATION WILL PROCEED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION. If a trial or class-action waiver is found unenforceable as to a particular claim or remedy, that waiver will be severed only to the minimum extent necessary, and the remaining provisions will remain effective.
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, the Products or any related software or materials, or any Third Party Materials, 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 or our respective Artists, Representatives and Providers, as applicable, will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you, without the need to post any bond. Nothing contained in this section or elsewhere in this Agreement will be construed to limit remedies or relief available pursuant to statutory or other claims that we, our Affiliates or our respective Artists, Representatives and Providers may have under separate legal authority, including any claim for intellectual property infringement.
20. 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 identifying current providers of such protections should be available at https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that we do not endorse any of the products or services listed on such site.
21. Information or Complaints. Questions or complaints regarding the Site may be sent to [email protected], or by mail to Curb Records, Inc., Attn.: Legal Department, 48 Music Square East, Nashville, Tennessee 37203, or by telephone at 615-321-5080. Email communications are not necessarily secure; do not include payment-card information or other sensitive information. California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (916) 210-6276 or (800) 952-5210.
22. 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 https://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 Department
Email: [email protected]
If you have concerns regarding the DMCA, call 615-321-5080 and ask for the Legal Department. Consult your legal advisor before filing a notice or counter-notice.
23. Contact Us. Questions regarding this Agreement may be sent to [email protected] or to Curb Records, Inc., Attn.: Legal Department, 48 Music Square East, Nashville, Tennessee 37203. Email communications are not necessarily secure, so do not include payment-card information or other sensitive information.
24. Export Controls and Sanctions. You are responsible for complying with applicable U.S. and other export-control and economic-sanctions laws and regulations, including those administered by the U.S. Department of Commerce and the U.S. Department of the Treasury’s Office of Foreign Assets Control. You represent, warrant and covenant that you are not located, organized or ordinarily resident in a jurisdiction subject to comprehensive U.S. sanctions, are not a prohibited or restricted party, and will not use, export, reexport, transfer or provide the Site, Services or Products to a prohibited destination, end user or end use. We may suspend or refuse access, performance or a Transaction as reasonably necessary to comply with such laws.
25. Miscellaneous. This Agreement does not create a partnership, joint venture, employment, agency or franchise relationship. If any provision is found invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain effective. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without consent. A waiver of any breach or default under this Agreement is effective only if in writing and signed by the party to be charged and is not a waiver of any other breach or default. This Agreement, the Privacy Policy, any applicable checkout terms, and any additional terms expressly incorporated by reference constitute the entire agreement concerning their subject matter and supersede prior or contemporaneous understandings concerning that subject matter. Headings are for convenience only. The words ‘including’ and ‘include’ mean ‘including without limitation.’ The use of the phrase “or” is not exclusive unless the language express states otherwise (e.g., “either [a] or [b]) or such interpretation is for the benefit of Company. The use of the phrase “and/or” shall be interpreted for the benefit of Company. Notices and electronic records may be provided electronically to the extent permitted by law.
26. Apple-Specific Terms. In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the App compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to these Terms of Use and does not own and is not responsible for an App. Apple has no obligation whatsoever to furnish any maintenance or other support services for an App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to an App. Apple is not responsible for addressing any claims from you or a third party relating to an App or your possession and/or use of an App, including, but not limited to: (i) product liability claims; (ii) any claim that an App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. In the event of any failure of the App to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price, if any, for such App to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. In the event of any third-party claim that an App or your possession and use of an App infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. Any questions, complaints or claims relating to an App, including those pertaining to intellectual property rights, must be directed to Company in accordance with the “Information or Complaints” section above. The license you have been granted herein is limited to a non-transferable license to use an App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s Apple Media Services Terms and Conditions. In addition, you must comply with the terms of any third-party agreement applicable to you when using an App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Use and, upon your acceptance of the terms and conditions of these Terms of Use, they will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof; notwithstanding the foregoing, Company’s right to enter into, rescind or terminate any variation, waiver or settlement under these Terms of Use is not subject to the consent of any third party.
27. Important Note to New Jersey Consumers. If you are a consumer residing in New Jersey, the following provisions of this Agreement do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law, including the Truth-in-Consumer Contract, Warranty and Notice Act: (a) the disclaimer of liability for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code and New Jersey Consumer Fraud Act); (b) the limitations of liability for lost profits or loss or misuse of any data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) application of the limitations of liability to the recovery of damages that arise under contract and tort, including negligence, strict liability or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (d) the requirement that you indemnify Company and its Affiliates (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (e) the provision selecting Tennessee law to govern this Agreement, to the extent that New Jersey law must apply to protect your rights as a New Jersey consumer despite the presence of a Tennessee governing law provision in this Agreement.