Last updated and effective as of March 24, 2020.
These Terms are a legal agreement between the OYLS and you (collectively, the “OYLS”). These Terms contain important information regarding your legal rights, remedies and obligations. By accessing any portion of the Site, you, your heirs, assigns, and successors (collectively “you”) acknowledge that you have read and understand these Terms, and you agree to be bound by these Terms. If you do not agree to these Terms, you may not access, browse or otherwise use the Site, and you must discontinue all use immediately.
To use the Site, you must be, and represent and warrant that you are, of legal age (18 years of age or older or otherwise of legal age in your jurisdiction, or, if you have parental consent, 13 years of age) and able to agree to these Terms. If you use the Site on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity.
OYLS and their label, distributors, licensors and licensees are the exclusive owners or licensees of all content and materials on the Site (“Site Content”) and of all related intellectual property rights therein, including, without limitation, all copyrights, moral rights, trademark rights and patent rights. The Site Content includes, without limitation, all features, functions, Site, software, algorithms, designs, objects, documentation, know-how, code, data, art, graphics, animation, photographs, images, text, music, sound effects, audio and/or audio-visual elements, downloadable materials, look-and-feel, design, layout, organization, presentation, user interface, navigation and stylistic convention of the Site. The Site Content is protected by copyright laws, international treaty provisions, trademarks, service marks and other intellectual property laws. You acknowledge that the Site Content has been developed, compiled, prepared, revised, selected, and arranged by the OYLS through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of the OYLS.
The name and trademark OYLS and any other related logos and trademarks used on this Site (collectively, the “Artist Marks”) are the exclusive property of the OYLS. Unauthorized use of any of the Artist Marks or of any word, term, name, symbol or device that is likely to cause confusion or mistake with respect to the user’s connection or association with the OYLS, or their approval or sponsorship of the user’s products or Site, or that is likely to dilute any of the Artist Marks is strictly prohibited by law. All other trade names, trademarks and service-marks that appear on the Site are the property of their respective owners. You agree to notify the OYLS immediately upon becoming aware of any claim that the Site infringes upon any copyright, trademark, or other contractual, statutory, or common law rights.
You may access, browse and use the Site and the Site Content only for your personal, non-commercial use, on a computer, mobile electronic device or other Internet-compatible device. You do not acquire any ownership interests in any of the Site Content or the Artist Marks by accessing, browsing or otherwise using the Site. You may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise exploit, through any means or media, any of the Site Content or the Artist Marks, except as may be allowed by law.
You acknowledge and agree that you are solely responsible for Your Content. The OYLS cannot be responsible for maintaining Your Content, and may remove Your Content from the Site at any time, for any or no reason, and without notice to you. The OYLS reserve the right, but do not have an obligation, to monitor and/or review all materials posted to or through the Site, by their users, and we are not responsible for any such materials. The OYLS may, at their sole discretion, proofread, summarize, or otherwise edit and/or withdraw Your Content, and you understand it remains your sole responsibility to monitor Your Content and ensure that such edited content is accurate and consistent with your representations and warranties in these Terms. However, the OYLS further reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms or applicable law. The OYLS may also impose limits on certain features on the Site or restrict your access to part or all of the features or Site, if either party believes that you are in breach of these Terms or applicable law, or for any other reason, all without notice or liability.
You warrant and agree that, while accessing or using the Site, you will not:
• use another person’s account, impersonate any person or entity, or misrepresent your affiliation with any person or entity, whether actual or fictitious;
• use an inappropriate username or screen name;
• insert your own or a third party’s advertising, marketing or other promotional content into any Site Content, or post, upload, transmit or submit such content as part of Your Content;
• copy, download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms), modify, distribute, post, transmit, display, perform, reproduce, broadcast, “mirror,” duplicate, publish, republish, upload, license, reverse engineer, create derivative works from, or offer for sale any content or other information contained on or obtained from or through the Site, by any means except as provided for in these Terms or with the prior written consent of the OYLS, as appropriate;
• obtain or attempt to gain unauthorized access to other computer systems, materials, information or any Site available on or through the Site, through any means, including through means not intentionally made publicly-available or provided through the Site;
• scrape, access, monitor, index, frame, link, or copy any content or information on the Site by accessing the Site in an automated way, using any robot, spider, scraper, web crawler, or any other method of access other than manually accessing the publicly-available portions of the Site through a browser or accessing the Site through any API provided or approved by the OYLS, or otherwise engage in any automatic or unauthorized means of accessing, logging-in or registering on the Site, or obtaining lists of users or other information from or through the Site, including, without limitation, any information residing on any server or database connected to the Site;
• use the Site in any manner that could interrupt, damage, disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Site, including, without limitation, sending mass unsolicited messages or “flooding” servers;
• post or otherwise make available any material that contains any software, device, instructions, computer code, files, programs and/or other content or feature that is designed to interrupt, destroy, harm, or limit the functionality of any computer software or hardware or telecommunications equipment
• use the Site for benchmarking, or to compile information for a product or service;
• frame, inline link, or similarly display the Site or any portion of the Site;
• use the Site in violation of our or of any of the OYLS’s intellectual property or other proprietary or legal rights, or of the rights of any third party;
• use the Site in violation of any law;
• attempt (or encourage or support anyone else’s attempt) to circumvent, reverse-engineer, decrypt, or otherwise alter or interfere with, the Site;
• post any trade secrets or other confidential information, or post any material that you do not have a right to make available under any law or under contractual or fiduciary relationships, including but not limited to inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements;
• post, transmit, publish or otherwise disseminate through the Site any of Your Content that, as the OYLS determine, in our sole discretion: (i) is vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, harmful, harassing, inflammatory, threatening, abusive, libelous, defamatory, invasive of another’s privacy, or otherwise unlawful; (ii) is false, misleading, or inaccurate; (iii) promotes sexually explicit or pornographic materials, violence, or any illegal acts; (iv) infringes on our or any third party’s intellectual property or other legal rights, or otherwise violates any law; (v) is derogatory or harmful to our reputation or to the reputation of any of the OYLS in any way; (vi) gives the impression that they emanate from or are endorsed by us or any other person or entity, if that is not the case; or (vii) is otherwise inappropriate; or (viii) attempt to indirectly undertake any of the foregoing.
LINKS TO THIRD-PARTY WEBSITES
The Site may contain links to websites of third parties (including, without limitation, Instagram, Instagram, iTunes, tumblr, Twitter and YouTube). If you use these links, you will leave the Site. These third parties and their websites are not under the OYLS’s control. The OYLS do not examine or evaluate these websites and we are not responsible for their content or operation. By providing links to these websites, the OYLS do not approve, warrant or endorse, or otherwise make any representation about, these websites or their owners or operators, and do not assume any related responsibility or liability. You should exercise your own judgment in evaluating and using these websites. When you link to these websites, you become subject to their terms and conditions of use and privacy policies.
DISCLAIMERS AND WARRANTIES
The OYLS administers, controls, and operates the Site from the United States of America. The Site is accessible worldwide; however, some of its features or functions may not be available or appropriate for use outside the United States and/or may not be available to all persons or in all geographic locations. The OYLS make no representation that the Site and Site Content are appropriate or authorized for use in all countries, states, provinces, counties or any jurisdictions outside the United States. Your access and use of the Site may not be legal in your jurisdiction. If you choose to access, browse or use the Site, you do so on your own initiative and at your own risk, and you are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable. The OYLS reserve the right to limit, in each its sole discretion, as appropriate, the provision of any feature or function of the Site to any person and any geographic area.
The Site provides information of a general nature only and you are responsible for determining whether it applies to your specific situation. The OYLS specifically disclaim any liability concerning any action that any person may take based on any information or guidance provided on the Site.
THE SITE AND THE SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING. WITHOUT LIMITING THE FOREGOING, THE OYLS EXPLICITLY DISCLAIM ANY WARRANTIES WITH RESPECT TO ANY UPTIME OR UNINTERRUPTED ACCESS, THE AVAILABILITY, ACCURACY OR USEFULNESS OF THE SITE CONTENT, OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE OR NON-INFRINGEMENT, ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF OR IN TRADE, ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THE SITE, AND ANY WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITE. THE OYLS DO NOT WARRANT THAT THE SITE OR THE SITE CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS OR DEFECTS. YOU USE THE SITE AT YOUR OWN RISK. THE OYLS ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, BROWSING, OR USE OF THE SITE OR YOUR DOWNLOADING OF ANY CONTENT ON THE SITE. YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT. THE OYLS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, INFORMATION, MATERIALS, SUBSTANCE, OR CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE SITE. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ALL USE OF THE SITE.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, ANY BREACH OF CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY OR LIABILITY ARISING UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, (WHETHER OR NOT THE OYLS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WILL ANY OF THE OYLS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, THAT ARISE OUT OF OR IN CONNECTION WITH (A) THE USE OF THE SITE OR INABILITY TO USE THE SITE, OR ANY SITE CONTENT, INFORMATION, SOFTWARE, PRODUCTS OR SITE OBTAINED OR ACCESSED THROUGH THE SITE; (B) THE COST OF SUBSTITUTE PRODUCTS OR SITE; (C) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (D) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF SITE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES AND, IN SUCH STATES OR JURISDICTIONS, THE OYLS’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL THE OYLS BE LIABLE FOR ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY US OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE (INCLUDING, WITHOUT LIMITATION, ANY OF YOUR CONTENT). IN NO EVENT SHALL THE OYLS’S TOTAL, AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE (A) THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SITE OR FOR ANY OF YOUR ACTIVITIES ON THE SERVIES DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING YOUR CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00 USD), WHICHEVER IS GREATER. THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY.
If you are a California resident, you hereby waive California Civil Code §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 release includes the criminal acts of others. If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.
NOTICE OF CLAIMS OF COPYRIGHT INFRINGEMENT
The OYLS respect the intellectual property rights of others and require users of the Site to do the same. In accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the “DMCA”) and other applicable law, it is each entity’s policy, in appropriate circumstances, to terminate the account of a user who is deemed to infringe third-party intellectual property rights and/or to remove user content that is deemed to be infringing.
The OYLS reserve the right to modify, suspend, refuse or terminate, in the entities’ sole discretion, at any time, temporarily or permanently, for any or no reason and without notice or liability to you, any portion of the Site. The OYLS reserve the right to modify these Terms and/or any other guidelines or policies affecting the Site at any time, and all revisions will become effective upon the earlier of (a) posting of the revisions on the Site, or (ii) distribution of the revisions by electronic mail. For this reason, please visit this page on a regular basis and check the “last updated and effective” date at the top of this page to ensure that you are familiar with the most recent version of these Terms. Your continued use of any of the Site after the effective date of any revisions means that you accept and agree to all such revisions. If you do not agree to, or cannot comply with, the modified Terms, you must stop using the Site.
You agree that the OYLS may assign or delegate any of the rights or licenses granted hereunder, and/or transfer, sub-contract or delegate any of the obligations, under these Terms. Your agreement to these Terms is personal to you and you may not transfer or assign it, your rights, licenses, or obligations to any third party. Any attempted transfer or assignment in violation hereof shall be null and void.
GOVERNING LAW AND JURISDICTION
By visiting or using the Site, you agree that the laws of the United States of America and the laws of the State of California, without regard to the principles of conflicts of laws, will govern your use of the Site, and these Terms and all matters relating to your access to and/or use of the Site, including all disputes between you and the OYLS. You and the OYLS irrevocably submit to the exclusive jurisdiction of, and venue in, the state and federal courts seated in Los Angeles, California, and the related appellate courts, in any related action or proceeding. You hereby waive any and all jurisdictional and venue defenses otherwise available. YOU AGREE THAT ANY COURT ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, THESE TERMS AND ALL MATTERS RELATING TO YOUR ACCESS TO AND/OR USE OF THE SITE MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE FOR SUCH ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
These Terms constitute the entire agreement between you and us, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us, with respect to your use of the Site and all matters relating to your access to, and/or use of, the Site except as expressly provided herein. A printed version of these Terms and of any notice given in electronic form shall be admissible in any and all judicial or administrative proceedings based upon or relating to these Terms to the same extent as other business documents and records originally generated and maintained in printed form.
If any part of these Terms is determined to be invalid or unenforceable under applicable law including, without limitation, the warranty disclaimers and liability limitations stated above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in full force and effect.
The Author/owner is not responsible for any content/s linked or referred to from his pages -
unless he has full knowlegde of illegal contents and would be able to prevent the visitors of his
site from viewing those pages. If any damage occurs by the use of information presented there,
only the author of the respective pages might be liable, not the one who has linked to these pages.
Furthermore the author is not liable for any postings or messages published by users thru the recommend form.
The Author/owner is not responsible for any Down Time Due to Hack Attacks, Hosting down time, in short if the site
Pixel Advertising is off line, The Author/owner will not be held responsible!.