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(a) We shall store you name, address and e-mail information for use in connection with the provision of Todd Terry and InHouse Records's services hereunder.
(b) For security reasons, we shall not store your credit card information which must be re-entered on a transaction by transaction basis.
(c) We shall not disclose or provide your stored contact information to any unaffiliated third party unless we are required to do so by State or Federal government agencies or in the context of litigation.
9. E-mail Communication. By establishing an account with Todd Terry and InHouse Records, you expressly grant permission for Todd Terry and InHouse Records to communicate with you via e-mail at the e-mail address you provide.
10. Termination. You may terminate your account with Todd Terry and InHouse Records at any time by communicating your wish to do so to Todd Terry and InHouse Records in writing via e-mail.
You hereby expressly agree that Todd Terry and InHouse Records may terminate your account as follows:
(a) Todd Terry and InHouse Records may terminate your account for cause in its sole discretion and without prior notice. "Cause" within the meaning of the foregoing sentence shall include but not be limited to: (1) any TOS violation; (2) discontinuation or material modification of the Site or any service offered thereon; (3) failure to pay for purchases; (4) copyright infringement; (5) requests by law enforcement or other government agencies.
(b) Todd Terry and InHouse Records shall at all times remain entitled to terminate your account for any other reason which may or may not fall within the definition of "cause" above in its sole discretion.
(c) Upon termination of your account hereunder, all of the operative provisions and definitions of this Agreement shall continue to remain in effect and shall continue to govern the interpretation of this Agreement and all rights and remedies accruing under this Agreement.
You hereby expressly agree that you shall not be entitled to seek any compensation from Todd Terry and InHouse Records or any third party for the termination of your account.
11. Warranties. The Todd Terry and InHouse Records Site, the Downloads, the audio samples and all other relevant digital files as well as all artwork, software, data are offered on an "as is" basis only. Todd Terry and InHouse Records provides a warranty only with respect to Downloads legally obtained by an End User from Todd Terry and InHouse Records pursuant to this agreement. The warranty is as follows: any defective Download(s) will be replaced upon request within thirty (30) days of the original purchase date. EXCEPT AS EXPRESSLY STATED, TODD TERRY AND INHOUSE RECORDS EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER RELATING TO THE TODD TERRY AND INHOUSE RECORDS WEBSITE OR THE USE OF TODD TERRY AND INHOUSE RECORDS'S SERVICES HEREUNDER. It is hereby expressly agreed that there shall be no implied warranties of merchantability or suitability with respect to any aspect of Todd Terry and InHouse Records's Site, software, services, Downloads or any other materials featured on or obtained from Todd Terry and InHouse Records. Todd Terry and InHouse Records specifically disclaims any warranties against viruses, software incompatibilities, or any other effect which Todd Terry and InHouse Records's Downloads, software, Site or services may have on the computer, telecommunications and/or other electronic equipment owned or operated by the End User.
12. Limitation of Liability. You hereby expressly agree that you shall use the Todd Terry and InHouse Records Site and services at your own risk. In any event, neither Todd Terry and InHouse Records nor its officers, employees, or shareholders shall be liable for any consequential, incidental, direct, indirect, punitive, special or other damages whatsoever, including without limitation any business interruption, loss of profits, loss of information or any other business related damages, with respect to any matter or claim arising as a result of or in connection with this Agreement, or the use of any Downloads or other Todd Terry and InHouse Records services, or the inability to use any Downloads or other Todd Terry and InHouse Records services, or any failure by Todd Terry and InHouse Records to provide any Downloads or other Todd Terry and InHouse Records services at any time, or otherwise arising out of or in connection with the use of the Todd Terry and InHouse Records Site whether based on contract, tort, negligence, at law or in equity.
13. Copyright and Intellectual Property Rights Policy.
Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), Todd Terry and InHouse Records will terminate the account of any End User or other customer or vendor who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so.
Todd Terry and InHouse Records will terminate the infringing End User's or customer’s or vendor's account once any copyright infringement or any other violation of the intellectual property rights of any third party has been established by a court of competent jurisdiction. Todd Terry and InHouse Records may also in its sole discretion decide to terminate an End User's or customer’s or vendor's account privileges prior to that time if it has good faith belief that infringement has in fact occurred or that it is more likely than not that such an infringement will be confirmed.
Todd Terry and InHouse Records shall not be liable to any End User for the termination of an account hereunder and you hereby expressly agree that Todd Terry and InHouse Records shall at all times reserve the right to terminate any account based on the policy against copyright infringements as set forth herein.
14. Governing Law. You agree that all matters relating to your access to and use of Todd Terry and InHouse Records's Site and services and any purchases made from the Site, including all disputes arising out of these Terms of Service, shall at all times be governed by the laws of the United States and specifically by the laws of the State of Florida without regard to its conflicts of laws provisions. You agree to the personal jurisdiction of and venue in the State and Federal courts located in Broward County , Florida . Any claim under these Terms of Service must be brought within one (1) year after the cause of action arises.