TERMS OF USE FOR EPITAPH Records
Effective July 15, 2022
Please review these Terms of use carefully.
This is a legal agreement (“Agreement”) between you and Epitaph, a California Corp., headquartered in Los Angeles.
It is applicable when you access our website [https://www.epitaph.com], ANTI- website [https://www.anti.com], Hellcat Records LLC Website [https://hellcatrecords.com], or any of the affiliated artists under those record labels, collectively “the Websites”, or “the Website”.
This Agreement is comprised of:
the present Terms of Use;
Summary of the Terms of use in plain English
By using this Website, you agree to be bound by the present terms of use as well as by our Privacy Policy and Cookie Policy;
You will not infringe or violate the rights of third parties, or make commercial use of the content of this Website;
If we link to a third-party Website, you should read their privacy policies and terms of use: those third-party Websites are not governed by the present Terms of use;
You will not interfere or attempt to interfere with the proper working of the Website; if this Website is unavailable for any reason, we will not be liable to you;
If you detect any privacy or security vulnerability, do not report it to anyone else than Epitaph;
Epitaph is not responsible for any, damage, or injury that you may have as a result of your use of this Website;
You acknowledge that Epitaph owns all the right to the intellectual property on this Website and that you have only a limited right to use its content;
Epitaph will not be liable in any manner whatsoever for any injury, loss, or damage, arising from your negligence in securing your device;
If a part of these Terms of Use is held to be invalid or unenforceable for any reason, it will not affect the rest of the provisions;
This Agreement will commence on the date you start using our Website and continues until terminated: we may however retain your personal information as long as we are required to retain it, in accordance with our Privacy Policy and Cookie Policy;
You agree to be bound by the laws of California with respect to your use of the Website and you agree that any court proceedings relating to your use of the Website will take place exclusively in the courts of Los Angeles.
This Agreement is subject to change from time to time. You should visit this page periodically to review this Agreement because it governs your use of our Website.
1. ACCEPTANCE OF THE AGREEMENT
By using our Website, you agree to the Terms of use, without modification, outlined in this Agreement. This Agreement constitutes the entire and only agreement between us, and supersedes any prior agreements, representations, warranties, and understandings with respect to the Websites.
By agreeing, Epitaph grants you a limited, revocable, personal, non-sublicensable, non-transferable, non-exclusive right to access and use the Websites in accordance with this Agreement. You cannot use the Websites for resale or to provide services to third parties.
2. USE OF THE WEBSITE
You will only use the Website in accordance with these Terms, and all applicable laws and regulations.
When using the Website, you further agree that you will not:
Use the Website in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party;
Disrupt or threaten the integrity, operation or security of the Website;
Send false or misleading information via the Website;
Use the Website to advertise to or solicit any user, or make commercial use of the Website;
Attempt to gain unauthorized access to other user accounts;
Attempt to reverse engineer, or cause any harm to the Website or including transmitting viruses, or any other disruptive or destructive activities;
Interfere with another user of the Website’s use and enjoyment of the Website;
Use the Website for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
Misuse the Website, including but not limited to, reverse engineering, hacking, injecting, modifying, reproducing, or screen scraping any part of the Website;
If we believe that there is a violation of this Agreement that can be simply remedied by you, we may ask you to take direct action rather than intervene. However, in other cases, we may be required to formally investigate a violation of the agreement and determine the appropriate action to address the matter. If you are unable to act in accordance with our requested actions and we believe you are a credible risk of harm to Epitaph, other users, or third parties, we may terminate permission or license granted by this Agreement and ban you from the Website.
3. LINKS TO THIRD-PARTY WEBSITES
When our Website enables access or contain links to other Website and/or facilitate registration to events and activities hosted by other third-parties, those Websites are not governed by this Agreement.
Whether we have posted those links or other organizations or individuals have, you should read their privacy policies and Terms of use and make an informed decision about whether you want to use those Website or their services. Epitaph is not responsible for the availability of such third-party items and does not endorse any third party items or accept any responsibility or liability for any third party items. Your access or use or purchase of any third-party items is conducted at your own risk and are made available through the Website “as is” and “as available” with no express or implied conditions, endorsements, guarantees, representations or warranties.
4. SYSTEM INTEGRITY
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website. You may not take any action which imposes an unreasonable or disproportionately large load on Epitaph’s infrastructure. When using the Website, the communication of data may be transmitted over networks in which Epitaph cannot guarantee secure or reliable data transmission. As such, we assume no responsibility for the delay, failure, interruption or corruption of any data or other information transmitted in connection with the Website.
From time to time, the Website may be unavailable for reasons within Epitaph’s control such as system maintenance or reasons outside of Epitaph’s control. When this occurs, Epitaph is not liable to you or other users for any interruptions in the use of our Website.
5. PROTECTION OF THE PRIVACY AND SECURITY
To review how we collect, use or disclose your Personal Information while you use the Website, you may refer to our Privacy Policy and Cookie Policy.
In order to maintain the privacy and security of the Website, you must not disclose any security or privacy vulnerabilities to any person except Epitaph. Immediately upon discovering any issues that may be pose a threat to the privacy and security of the Website or data stored within the Website, you must notify us at privacy@epitaph.com
6. ERRORS AND CHANGES
Epitaph has made every effort to ensure the proper function of the Website, however we do not warrant that the Website will be error-free or that any defects will be corrected. We may make changes to the Websites feature, functionality, or other components at any time.
According to our Privacy Policy, Epitaph may collect certain diagnostics or other technical information concerning in order to provide updates to the Website or to provide Website Support to you. You acknowledge and agree that Epitaph are not obligated to provide any direct technical support or maintenance concerning Your use or operation of the Website, or with respect to errors or problems or any kind or nature concerning the Website.
7. INTELLECTUAL PROPERTY AND OWNERSHIP
Epitaph exclusively owns and retains all right, title and interest on all content that Epitaph has produced, including software, materials, formats, interfaces, information, text, data, graphics, images, video, logos, icons, audio, content, computer code, proprietary and confidential information, and technology used by Epitaph or provided to you in connection with the Website.
The Epitaph logo, other logos and product and service names are or may be trademarks of Epitaph or of its subsidiaries,and are protected under applicable copyrights, trademarks and other proprietary laws (including but not limited to intellectual property).
Any use or alteration of the material is strictly prohibited without our prior written permission. Epitaph will have a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Websites any suggestions, enhancement requests, recommendations or other feedback provided by you, relating to the Website.
8. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY
To the extent permitted by applicable law, Epitaph shall not be liable to you or to any other party under any circumstances for any loss, damage or liability of any kind arising out of or relating to your access or use, inability to use or reliance upon the Website, its services or any related matter, including, but not limited to, monetary, physical, or psychological harm, under any theory, regardless of any fault or wrongdoing by or on behalf of Epitaph and each of its affiliates and subsidiaries, licensors, suppliers and service providers.
Finally, Epitaph makes no representations and disclaims all expressed and implied warranties and conditions of any kind, including without limitation, representations, warranties or conditions regarding accuracy, timeliness, completeness, non-infringement, merchantability or fitness for any particular purpose.
This limitation of liability is applicable when other remedies are not available, where you are not adequately compensated for the loss, damage or liability, and if Epitaph knew or should have known of the possibility of any loss, damage or liability of any kind occurring.
9. INDEMNITY AND RELEASE
You agree to indemnify, defend and hold us and our affiliates and subsidiaries, licensors, suppliers and service providers, and each of their respective directors, officers, employees, contractors, agents, distributors and representatives harmless from any liability, loss, claim and expense, including reasonable legal fees, related to your violation of this Agreement or use of the Website.
10. SEVERABILITY AND WAIVER
Unless as otherwise stated in the Agreement, should any provision of the Agreement be held invalid or unenforceable for any reason, it will not affect or make the remaining provisions in the Agreement unenforceable or invalid to the extent permitted by law.
Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. All waivers must be in writing.
11. TERM AND TERMINATION
This Agreement will commence on the date you access the Websites and continues until terminated in accordance with the provisions of this Agreement.
You may cease using the Websites at any time. In addition, Epitaph may cease providing you the Website at any time without notice, and may terminate this Agreement immediately, and at any time, if you violate your obligations under this Agreement.
Upon the termination of this Agreement for any reason, (a) the license granted to Epitaph in respect of the Personal Information you have provided to Epitaph will survive for so long as Epitaph is required by law to retain such information, and Epitaph will no longer provide and you will no longer use the Website.
12. LANGUAGE
These Terms of use and all related notices and other documents will be written in the English language. Should there is a conflict or inconsistency between the English version and a non-English version then the English version will take priority and govern.
13. APPLICABLE LAW
The laws of California,without regard to principles of conflict of laws, govern these Terms of use and any dispute that might arise between you and Epitaph. If you take legal action relating to these Terms of use, you irrevocably agree to only take such action within California, and only to a court of competent jurisdiction within California, and in no other jurisdiction or venue, and you now irrevocably consent and submit to the jurisdiction of the courts of California for this purpose.
14. CONTACTING EPITAPH RECORDS
Please feel free to contact us if you have any questions or additional comments regarding this Agreement at privacy@epitaph.com
All notices or other communications hereunder shall be deemed to have been duly given when made in writing and delivered in person, by courier or deposited in the mail, postage prepaid, registered mail or its equivalent, return receipt requested, and addressed to
Epitaph Records
ATTN: Privacy Request
2798 Sunset Bvld.
Los Angeles, CA 90026
United States