TERMS OF USE
1. ACCEPTANCE OF TERMS
SRO Records, DBA (referred to hereafter as
"SRO Records") provides a collection of online resources, including
classified ads, forums, and various email services, (referred to hereafter as
"the Service") subject to the following Terms of Use
("TOU"). By using the Service in any way, you are agreeing to comply
with the TOU. In addition, when using particular SRO Records services, you
agree to abide by any applicable posted guidelines for all SRO Records
services, which may change from time to time. Should you object to any term or
condition of the TOU, any guidelines, or any subsequent modifications thereto
or become dissatisfied with SRO Records in any way, your only recourse is to
immediately discontinue use of SRO Records.
SRO Records has the right, but is not obligated,
to strictly enforce the TOU through self-help, community moderation, active
investigation, litigation and prosecution.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to
change, modify or otherwise alter these terms and conditions at any time. Such
modifications shall become effective immediately upon the posting thereof. You
must review this agreement on a regular basis to keep yourself apprised of any
changes. You can find the most recent version of the TOU at: https://www.SRORecords.com/terms/
3. CONTENT
You understand that all previous, current and
future postings, messages, text, files, URLs, images, photos, video, audio,
sounds, or other materials ("Content") posted on, transmitted
through, or linked from the Service, are the sole responsibility of the person
from whom such Content originated. More specifically, you are entirely
responsible for each individual item ("Item") of Content that you
post, email or otherwise make available via the Service. You understand that SRO
Records does not control, and is not responsible for Content made available
through the Service, and that by using the Service, you may be exposed to
Content that is offensive, indecent, inaccurate, misleading, or otherwise
objectionable. Furthermore, the SRO Records site and Content available through
the Service may contain links to other websites, which are completely
independent of SRO Records. SRO Records makes no representation or warranty as
to the accuracy, completeness or authenticity of the information contained in
any such site. Your linking to any other websites is at your own risk. You
agree that you must evaluate, and bear all risks associated with, the use of
any Content, that you may not rely on said Content, and that under no circumstances
will SRO Records be liable in any way for any Content or for any loss or damage
of any kind incurred as a result of the use of any Content posted, emailed or
otherwise made available via the Service. You acknowledge that SRO Records does
not pre-screen or approve Content, but that SRO Records shall have the right
(but not the obligation) in its sole discretion to refuse, delete or move any
Content that is available via the Service, for violating the letter or spirit
of the TOU or for any other reason.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The SRO Records site and Content available
through the Service may contain features and functionalities that may link you
or provide you with access to third party content which is completely
independent of SRO Records, including web sites, directories, servers,
networks, systems, information and databases, applications, software, programs,
products or services, and the Internet as a whole.
Your interactions with organizations and/or
individuals found on or through the Service, including payment and delivery of
goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
organizations and/or individuals. You should make whatever investigation you
feel necessary or appropriate before proceeding with any online or offline
transaction with any of these third parties.
You agree that SRO Records shall not be
responsible or liable for any loss or damage of any sort incurred as the result
of any such dealings. If there is a dispute between participants on this site,
or between users and any third party, you understand and agree that SRO Records
is under no obligation to become involved. In the event that you have a dispute
with one or more other users, you hereby release SRO Records, its officers,
employees, agents and successors in rights from claims, demands and damages
(actual and consequential) of every kind or nature, known or unknown, suspected
and unsuspected, disclosed and undisclosed, arising out of or in any way
related to such disputes and / or our service. If you are a California
resident, you waive California Civil Code Section 1542, which says: "A
general release does not extend to claims which the creditor does not know or suspect
to exist in his favor at the time of executing the release, which, if known by
him must have materially affected his settlement with the debtor."
This application uses Discogs' API but is not
affiliated with, sponsored or endorsed by Discogs. 'Discogs' is a trademark of
Zink Media, LLC.
5. NOTIFICATION OF CLAIMS OF INFRINGEMENT /
DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") POLICY
This policy is intended to implement the
procedures set forth in 17 U.S.C. Section 512 and the Digital Millennium
Copyright Act ("DMCA") for the reporting of alleged copyright
infringement. It is the policy of SRO Records to respect the legitimate rights
of copyright owners, their agents, and representatives. Users of any part of
the Company computing system are required to respect the legal protections
provided by applicable copyright law.
Infringment Notification:
Upon receipt of proper notification of claimed
infringement, SRO Records will follow the procedures outlined herein and in the
DMCA.
To file a notice of infringement with SRO
Records, you must provide a written communication (by signed for mail) that
sets forth the information specified in the list below. Subject to prior
written agreement you may not communicate the information specified below by
email. Please note that you will be liable for damages (including costs and
attorney's fees) if you materially misrepresent that material is infringing
your copyright(s). Accordingly, if you are not sure if you are the proper
copyright holder or if copyright laws protect the material of yours, you may
want to consult a lawyer.
To expedite our ability to process your request,
please use the following format (including URLs):
1. Identify with sufficient detail the
copyrighted work that you believe has to been infringed. For example, "The
copyrighted work at issue is the "title of the work" by "name of
the artist" and abstract number/URL (https://www.SRORecords.com/item/538292);
2. Identification of the material that is
claimed to be infringing or to be the subject of infringing activity and that
is to be removed or access to which is to be disabled, and information
reasonably sufficient to permit SRO Records to locate the material;
3. Information reasonably sufficient to permit SRO
Records to contact the complaining party, such as an address, telephone number,
and, if available, an email address at which the complaining party may be
contacted;
4. The following statement: "I have a good
faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law";
5. The following statement: "I swear, under
penalty of perjury, that the information in the notification is accurate, and
that I am the copyright owner or am authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed"; and
6. Sign the document.
7. Send your written DMCA Notice to the
following designated copyright agent by signature mail:
SRO Records, DBA
Attn: DMCA Complaints
PO Box 201475
Austin, TX 78717
Failure to include all of the above information
may result in a delay of the processing or the DCMA notification.
Notice and Takedown Procedure:
It is expected that all users of any part of SRO
Records system will comply with applicable copyright laws. However, if SRO
Records receives proper notification of claimed copyright infringement it will
respond expeditiously by removing, or disabling access to, the material that is
claimed to be infringing or to be the subject of infringing activity provided
all such claims have been investigated and determined to be valid by SRO
Records in SRO Records's sole and absolute discretion. SRO Records will comply
with the appropriate provisions of the DMCA in the event a counter notification
is received.
Please allow at least four business days to
process any complaint or counter-notification. Note that emailing your
complaint to other parties such as our Internet Service Provider will not
expedite your request and may result in a delayed response due to the complaint
not being filed properly.
Repeat Infringers:
In accordance with Section 512(i)(1)(a) of the
DMCA, the Company may, in its discretion, disable and/or terminate the accounts
of users who are repeat infringers.
Accommodation of Standard Technical Measures:
It is SRO Records policy to accommodate and not
interfere with standard technical measures it determines are reasonable under
the circumstances, i.e., technical measures that are used by copyright owners
to identify or protect copyrighted works.
6. PRIVACY AND INFORMATION DISCLOSURE
SRO Records has established a Privacy Policy to
explain to users how their information is collected and used, which is located
at the following web address:
https://www.SRORecords.com/privacy/
Your use of the SRO Records website or the
Service signifies acknowledgement of and agreement to our Privacy Policy. You
further acknowledge and agree that SRO Records may, in its sole discretion,
preserve or disclose your Content, as well as your information, such as email
addresses, IP addresses, timestamps, and other user information, if required to
do so by law or in the good faith belief that such preservation or disclosure
is reasonably necessary to: comply with legal process; enforce the TOU; respond
to claims that any Content violates the rights of third-parties; respond to
claims that contact information (e.g. phone number, street address) of a
third-party has been posted or transmitted without their consent or as a form
of harassment; protect the rights, property, or personal safety of SRO Records,
its users or the general public.
7. CONDUCT
You agree not to post, email, or otherwise make
available Content:
a) that is unlawful, harmful, threatening,
abusive, harassing, defamatory, libelous, invasive of another's privacy, or is
harmful to minors in any way;
b) that is pornographic or depicts a human being
engaged in actual sexual conduct including but not limited to (i) sexual
intercourse, including genital-genital, oral-genital, anal-genital, or
oral-anal, whether between persons of the same or opposite sex, or (ii)
bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or
(v) lascivious exhibition of the genitals or pubic area of any person;
c) that harasses, degrades, intimidates or is
hateful toward an individual or group of individuals on the basis of religion,
gender, sexual orientation, race, ethnicity, age, or disability;
d) that impersonates any person or entity,
including, but not limited to, a SRO Records employee, or falsely states or
otherwise misrepresents your affiliation with a person or entity (this
provision does not apply to Content that constitutes lawful non-deceptive
parody of public figures.);
e) that includes personal or identifying information
about another person without that person's explicit consent;
f) that is false, deceptive, misleading,
deceitful, misinformative, or constitutes "bait and switch";
g) that infringes any patent, trademark, trade
secret, copyright or other proprietary rights of any party, or Content that you
do not have a right to make available under any law or under contractual or
fiduciary relationships;
h) that constitutes or contains "affiliate
marketing," "link referral code," "junk mail,"
"spam," "chain letters," "pyramid schemes," or
unsolicited commercial advertisement;
i) that constitutes or contains any form of
advertising or solicitation if: posted in areas of the SRO Records sites which
are not designated for such purposes; or emailed to SRO Records users who have
not indicated in writing that it is ok to contact them about other services,
products or commercial interests.
j) that includes links to commercial services or
web sites, except as allowed in "services";
k) that advertises any illegal service or the
sale of any items the sale of which is prohibited or restricted by any
applicable law, including without limitation items the sale of which is
prohibited or regulated by Ohio law. Some of these items include but are not
limited to bootlegs, pirated CDs or DVDs, promo copies or stolen items.
l) that contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment;
m) that disrupts the normal flow of dialogue
with an excessive amount of Content (flooding attack) to the Service, or that
otherwise negatively affects other users' ability to use the Service; or
n) that employs misleading email addresses, or
forged headers or otherwise manipulated identifiers in order to disguise the
origin of Content transmitted through the Service.
Additionally, you agree not to:
o) contact anyone who has asked not to be
contacted, or make unsolicited contact with anyone for any commercial purpose;
p) "stalk" or otherwise harass anyone;
q) collect personal data about other users for
commercial or unlawful purposes;
r) use automated means, including spiders,
robots, crawlers, data mining tools, or the like to download data from the
Service - unless expressly permitted by SRO Records;
s) post irrelevant Content, repeatedly post the
same or similar Content or otherwise impose an unreasonable or
disproportionately large load on our infrastructure;
t) attempt to gain unauthorized access to SRO
Records's computer systems or engage in any activity that disrupts, diminishes
the quality of, interferes with the performance of, or impairs the
functionality of, the Service or the SRO Records website; or
u) use any form of automated device or computer program
that enables the submission of postings on SRO Records without each posting
being manually entered by the author thereof (an "automated posting
device"), including without limitation, the use of any such automated
posting device to submit postings in bulk, or for automatic submission of
postings at regular intervals, unless authorized by SRO Records;
v) use any form of automated device or computer
program ("flagging tool") that enables the use of SRO Records's
"flagging system" or other community moderation systems without each
flag being manually entered by the person that initiates the flag (an
"automated flagging device"), or use the flagging tool to remove
posts of competitors, or to remove posts without a good faith belief that the
post being flagged violates these TOU;
8. POSTING AGENTS
A "Posting Agent" is a third-party
agent, service, or intermediary that offers to post Content to the Service on
behalf of others. To moderate demands on SRO Records's resources, you may not
use a Posting Agent to post Content to the Service without express permission
or license from SRO Records. Correspondingly, Posting Agents are not permitted
to post Content on behalf of others, to cause Content to be so posted, or
otherwise access the Service to facilitate posting Content on behalf of others,
except with express permission or license from SRO Records.
9. NO SPAM POLICY
You understand and agree that sending
unsolicited email advertisements to SRO Records users and/or email addresses or
through SRO Records computer systems, which is expressly prohibited by these
Terms. Any unauthorized use of SRO Records computer systems is a violation of
these Terms and certain federal and state laws. Such violations may subject the
sender and his or her agents to civil and criminal penalties.
10. PAID POSTINGS
We may charge a fee to post Content in some
areas of the Service. The fee is an access fee permitting Content to be posted
in a designated area. Each party posting Content to the Service is responsible
for said Content and compliance with the TOU. All fees paid will be
non-refundable in the event that Content is removed from the Service for
violating the TOU.
11. LIMITATIONS ON SERVICE
You acknowledge that SRO Records may establish
limits concerning use of the Service, including the maximum number of days that
Content will be retained by the Service, the maximum number and size of
postings, email messages, or other Content that may be transmitted or stored by
the Service, and the frequency with which you may access the Service. You agree
that SRO Records has no responsibility or liability for the deletion or failure
to store any Content maintained or transmitted by the Service. You acknowledge
that SRO Records reserves the right at any time to modify or discontinue the
Service (or any part thereof) with or without notice, and that SRO Records
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
12. ACCESS TO THE SERVICE
SRO Records grants you a limited, revocable,
nonexclusive license to access the Service for your own personal use. This
license does not include: (a) access to the Service by Posting Agents; or (b)
any collection, aggregation, copying, duplication, display or derivative use of
the Service nor any use of data mining, robots, spiders, or similar data
gathering and extraction tools for any purpose unless expressly permitted by SRO
Records. A limited exception to (b) is provided to general purpose internet
search engines and non-commercial public archives that use such tools to gather
information for the sole purpose of displaying hyperlinks to the Service,
provided they each do so from a stable IP address or range of IP addresses
using an easily identifiable agent and comply with our robots.txt file.
"General purpose internet search engine" does not include a website
or search engine or other service that specializes in classified listings or in
any subset of classifieds listings such as jobs, housing, for sale, services,
or personals, or which is in the business of providing classified ad listing
services.
SRO Records permits you to display on your
website, or create a hyperlink on your website to, individual postings on the
Service so long as such use is for noncommercial and/or news reporting purposes
only (e.g., for use in personal web blogs or personal online media). If the
total number of such postings displayed or linked to on your website exceeds
one hundred (100) postings, your use will be presumed to be in violation of the
TOU, absent express permission granted by SRO Records to do so. You may also
create a hyperlink to the home page of SRO Records sites so long as the link
does not portray SRO Records, its employees, or its affiliates in a false,
misleading, derogatory, or otherwise offensive matter.
SRO Records offers various parts of the Service
in RSS format so that users can embed individual feeds into a personal website
or blog, or view postings through third party software news aggregators. SRO
Records permits you to display, excerpt from, and link to the RSS feeds on your
personal website or personal web blog, provided that (a) your use of the RSS
feed is for personal, non-commercial purposes only, (b) each title is correctly
linked back to the original post on the Service and redirects the user to the
post when the user clicks on it, (c) you provide, adjacent to the RSS feed,
proper attribution to 'SRO Records' as the source, (d) your use or display does
not suggest that SRO Records promotes or endorses any third party causes,
ideas, web sites, products or services, (e) you do not redistribute the RSS
feed, and (f) your use does not overburden SRO Records's systems. SRO Records
reserves all rights in the content of the RSS feeds and may terminate any RSS
feed at any time.
Use of the Service beyond the scope of
authorized access granted to you by SRO Records immediately terminates said
permission or license. In order to collect, aggregate, copy, duplicate, display
or make derivative use of the Service or any Content made available via the
Service for other purposes (including commercial purposes) not stated herein,
you must first obtain a license from SRO Records.
13. TERMINATION OF SERVICE
You agree that SRO Records, in its sole
discretion, has the right (but not the obligation) to delete or deactivate your
account, block your email or IP address, or otherwise terminate your access to
or use of the Service (or any part thereof), immediately and without notice,
and remove and discard any Content within the Service, for any reason,
including, without limitation, if SRO Records believes that you have acted
inconsistently with the letter or spirit of the TOU. Further, you agree that SRO
Records shall not be liable to you or any third-party for any termination of
your access to the Service. Further, you agree not to attempt to use the
Service after said termination. Sections 2, 4, 6 and 10-16 shall survive
termination of the TOU.
14. PROPRIETARY RIGHTS
The Service is protected to the maximum extent
permitted by copyright laws and international treaties. Content displayed on or
through the Service is protected by copyright as a collective work and/or
compilation, pursuant to copyrights laws, and international conventions. Any
reproduction, modification, creation of derivative works from or redistribution
of the site or the collective work, and/or copying or reproducing the sites or
any portion thereof to any other server or location for further reproduction or
redistribution is prohibited without the express written consent of SRO Records.
You further agree not to reproduce, duplicate or copy Content from the Service
without the express written consent of SRO Records, and agree to abide by any
and all copyright notices displayed on the Service. You may not decompile or
disassemble, reverse engineer or otherwise attempt to discover any source code
contained in the Service. Without limiting the foregoing, you agree not to
reproduce, duplicate, copy, sell, resell or exploit for any commercial
purposes, any aspect of the Service.
Although SRO Records does not claim ownership of
content that its users post, by posting Content to any public area of the
Service, you automatically grant, and you represent and warrant that you have
the right to grant, to SRO Records an irrevocable, perpetual, non-exclusive,
fully paid, worldwide license to use, copy, perform, display, and distribute
said Content and to prepare derivative works of, or incorporate into other
works, said Content, and to grant and authorize sublicenses (through multiple
tiers) of the foregoing. Furthermore, by posting Content to any public area of
the Service, you automatically grant SRO Records all rights necessary to
prohibit any subsequent aggregation, display, copying, duplication,
reproduction, or exploitation of the Content on the Service by any party for
any purpose.
15. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE SRO RECORDS SITE AND
THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SRO RECORDS SITE AND THE SERVICE
ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT
ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING,
WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO
THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, SRO
RECORDS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS,
ACCURACY, AND PERFORMANCE OF THE SRO RECORDS SITE AND THE SERVICE. TO THE
FULLEST EXTENT PERMITTED BY LAW, SRO RECORDS DISCLAIMS ANY WARRANTIES FOR OTHER
SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SRO RECORDS SITE OR THE
SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SRO RECORDS SITE. TO THE
FULLEST EXTENT PERMITTED BY LAW, SRO RECORDS DISCLAIMS ANY WARRANTIES FOR
VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SRO RECORDS SITE OR
THE SERVICE. Some jurisdictions do not allow the disclaimer of implied
warranties. In such jurisdictions, some of the foregoing disclaimers may not
apply to you insofar as they relate to implied warranties.
16. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL SRO RECORDS BE
LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES (EVEN IF SRO RECORDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SRO RECORDS SITE OR THE
SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SRO RECORDS SITE
OR THE SERVICE, FROM INABILITY TO USE THE SRO RECORDS SITE OR THE SERVICE, OR
THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SRO
RECORDS SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO
DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR
ADVERTISED IN CONNECTION WITH THE SRO RECORDS SITE OR THE SERVICE OR ANY LINKS
ON THE SRO RECORDS SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE
RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SRO RECORDS SITE OR THE
SERVICE OR ANY LINKS ON THE SRO RECORDS SITE. THESE LIMITATIONS SHALL APPLY TO
THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of
liability are not permitted. In such jurisdictions, some of the foregoing
limitation may not apply to you.
17. INDEMNITY
You acknowledge and agree that you are
personally responsible for your conduct while using the Service and agree to
indemnify and hold harmless SRO Records and its officers, directors, employees
and agents from and against any loss, damage, liability, cost or expense of any
kind (including, but not limited to, reasonable attorneys' fees) that SRO
Records may incur in connection with your use of the Service or the Website, or
the use of the Service or Website by anyone using your User ID(s) [which is
your email address(es)] or Password(s) regardless of whether such person
actually is authorized to use the User ID(s) or Password(s), or your violation
of the TOU or of the rights of any third party. Your obligations under this
paragraph shall survive termination of this Agreement.
18. GENERAL INFORMATION
The TOU constitute the entire agreement between
you and SRO Records and govern your use of the Service, superceding any prior
agreements between you and SRO Records. The TOU and the relationship between
you and SRO Records shall be governed by the laws of the State of Ohio without
regard to its conflict of law provisions. You and SRO Records agree to submit
to the personal and exclusive jurisdiction of the courts located within the
county of Cuyahoga, Ohio. The failure of SRO Records to exercise or enforce any
right or provision of the TOU shall not constitute a waiver of such right or
provision. If any provision of the TOU is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the TOU remain in full force and effect.
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 the Service or the TOU must
be filed within one (1) year after such claim or cause of action arose or be
forever barred.
SRO Records makes no representation that
materials on this site are appropriate or available for use in other locations.
If you access this site from outside the United States, be advised that this
site may contain references to products and services that are not available, or
are prohibited, in your country.
19. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOU, by
flagging the posting(s) for review, or by emailing to:
https://www.SRORecords.com/contact_admin.cgi
Our failure to act with respect to a breach by
you or others does not waive our right to act with respect to subsequent or
similar breaches.
You understand and agree that, because damages
are often difficult to quantify, if it becomes necessary for SRO Records to
pursue legal action to enforce these Terms, you will be liable to pay SRO
Records the following amounts as liquidated damages, which you accept as
reasonable estimates of SRO Recordss' damages for the specified breaches of
these Terms:
a. If you post a message that (1) impersonates
any person or entity; (2) falsely states or otherwise misrepresents your
affiliation with a person or entity; or (3) that includes personal or
identifying information about another person without that person's explicit
consent, you agree to pay SRO Records one thousand dollars ($1,000) for each
such message. This provision does not apply to Content that constitutes lawful
non-deceptive parody of public figures.
b. If SRO Records establishes limits on the
frequency with which you may access the Service, or terminates your access to
or use of the Service, you agree to pay SRO Records one hundred dollars ($100)
for each message posted in excess of such limits or for each day on which you
access SRO Records in excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements
to SRO Records email addresses or SRO Records users or through SRO Records
computer systems, you agree to pay SRO Records twenty five dollars ($25) for
each such email.
d. If you post Content in violation of the TOU,
other than as described above, you agree to pay SRO Records one hundred dollars
($100) for each Item of Content posted. In its sole discretion, SRO Records may
elect to issue a warning before assessing damages.
e. If you are a Posting Agent that uses the
Service in violation of the TOU, in addition to any liquidated damages under
clause (d), you agree to pay SRO Records one hundred dollars ($100) for each
and every Item you post in violation of the TOU. A Posting Agent will also be
deemed an agent of the party engaging the Posting Agent to access the Service
(the "Principal"), and the Principal (by engaging the Posting Agent
in violation of the TOU) agrees to pay SRO Records an additional one hundred
dollars ($100) for each Item posted by the Posting Agent on behalf of the
Principal in violation of the TOU.
f. If you aggregate, display, copy, duplicate,
reproduce, or otherwise exploit for any purpose any Content (except for your
own Content) in violation of these Terms without SRO Records's express written
permission, you agree to pay SRO Records three thousand dollars ($3,000) for
each day on which you engage in such conduct.
Otherwise, you agree to pay SRO Records's actual
damages, to the extent such actual damages can be reasonably calculated.
Notwithstanding any other provision of these Terms, SRO Records retains the
right to seek the remedy of specific performance of any term contained in these
Terms, or a preliminary or permanent injunction against the breach of any such
term or in aid of the exercise of any power granted in these Terms, or any
combination thereof.
20. TRADEMARKS
All trademarks, service marks, and trade names
(collectively the "Marks") are proprietary to SRO Records or other
respective owners that have granted SRO Records the right and license to use
such Marks.
21. ORDER ACCEPTANCE POLICY
Your receipt of an electronic or other form of
order confirmation does not constitute SRO Records acceptance of your order or
the acceptance of your order from one of SRO Records's sellers, nor does it
signify confirmation of SRO Records or its sellers offer to sell. SRO Records
and/or it's sellers reserves the right at any time after receipt of your order
to accept, decline, or limit your order for any reason, whether or not your
credit card has been charged or other forms of payment has been made. If
payment has been made and your order is canceled, your payment will be refunded
by the owner of the account to which payment was made. SRO Records or its
sellers may require additional verifications or information before accepting
any order. Price and availability of products and services offered on the SRO
Records site is subject to change without prior notice.
22. MINORS
SRO Records asks that parents supervise their
children while online. This service should not be used by minor children
without parental consent.
23. CONTACT / ADDITIONAL QUESTIONS
If you have any questions about this website's
Terms of Use, you may email us at legal@SRORecords.com or contact us
by postal mail at the following address:
SRO Records, DBA
PO Box 201475
Austin, TX 78717
Last Updated: 7/20/2020