Software files, text, sounds or other information (collectively, "Content")
transmitted, posted, linked or uploaded on or through 24k Funk Productions
may not be abusive, defamatory, obscene, fraudulent, in violation of applicable laws, or otherwise offensive to other Users, and must comply
with 24k Funk Production's Rules.
By transmitting, posting, linking, providing, or uploading Content to any part of
24k Funk Productions, you represent and warrant that neither your content nor any parts
thereof infringe upon the copyright or any other statutory or common-law intellectual property rights (including without limitation trademark,
service mark, and trade name rights), proprietary rights (including without limitation
trade secrets), or rights of privacy or publicity of any third party.
You hereby grant to 24k Funk Productions a non-exclusive, worldwide, perpetual fully
paid-up license to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, perform, transmit and display such Content
(in whole or part) and/or to incorporate it in other works in any form, media,
or technology now known or later developed for the full term of any Rights
that may exist in such Content.
You acknowledge that by providing you with the ability to distribute your Content,
24k Funk Productions is acting as a passive conduit for such distribution
and 24k Funk Productions is not undertaking any obligation or liability relating to
any Content or activities of its Users. 24k Funk Productions can prevent Users from placing prohibited content on
24k Funk Productions. Furthermore, 24k Funk Productions may
elect at its sole discretion to monitor some, all, or any areas of 24k Funk Productions
for adherence to these terms of service or other terms and conditions that
may be published by 24k Funk Productions from time to time. Upon notification of
inappropriate material, 24k Funk Productions reserves the right, but not the
responsibility to remove the Content from 24k Funk Productions. 24k Funk Productions
the right to stop a User from accessing 24k Funk Productions upon receipt of complaints
about the User's contributions and participation on 24k Funk Productions.
You and any person who have access to 24k Funk Productions must evaluate, and bear the
risk associated with, the accuracy, completeness or usefulness of any Content
given by you to 24k Funk Productions. 24k Funk Productions does not pre-screen Content as a
matter of policy, but 24k Funk Productions reserves the right, but not the responsibility,
to remove Content which is deemed in 24k Funk Production's sole discretion harmful,
offensive, inaccurate or otherwise in violation of the Terms of Service or any
Rules or policies 24k Funk Productions has in place at the time.
24k Funk Productions may terminate your access to 24k Funk Productions at any time for any reason.
Once your access to 24k Funk Productions is terminated, you cannot engage in
24k Funk Productions in any manner or for any reason without the express written consent of
24k Funk Productions,
and you cannot assist in enabling a terminated User access to 24k Funk Productions
Everything you see or read on 24k Funk Productions is owned by us or used with permission.
You may not copy, use, Duplicate (by word or design) or retransmit anything for or from 24k Funk Productions
without our expressed
written permission. Furthermore, you are not allowed to post or distribute any
material you do not own or which you do not have permission to use, nor
attempt to use any information or act (past, current, or future) for any
purposes of self-advertisement i violation of the FTC Act. Violation of
this policy may result in copyright, trademark, or other intellectual property rights
violation, National & International, and subject you to civil or criminal penalties.
24k Funk Productions respects the intellectual property of others, and we ask you to do the
same. 24k Funk Productions is in compliance with the Digital Millennium Copyright Act. In order
to protect the intellectual property of people from misuse we ask you to help us. If
you believe that your work has been copied in a way that constitutes copyright
infringement and is accessible on 24k Funk Productions, please contact us.
Terms Of Service
These Terms of Service constitute the entire understanding of you and 24k Funk Productions
with respect to the subject matter hereof. There are no
understandings, agreements, conditions or representations, oral or written,
express or implied, with reference to the subject matter hereof that are not
merged herein, expressly referenced herein, or superseded hereby.
Nothing contained in these Terms of Service shall be construed as creating any
agency, partnership, joint venture or other form of joint enterprise between
you and 24k Funk Productions, unless provided in writing.
The provisions of these Terms of Service are independent of each other and the
invalidity of any provision or a portion thereof shall not affect the validity
or enforceability of any other provision. In the event that any particular
provision is found to be invalid or unenforceable, such provision shall be deemed
to have been replaced with a valid and enforceable provision that approximates
as closely as possible the intent of you and 24k Funk Productions as reflected in the
Any delay or failure on the part of 24k Funk Productions to enforce any rights hereunder
to which it may be entitled shall not be construed as a waiver of the right and
privilege to do so at any subsequent time.
You indemnify and hold harmless 24k Funk Productions, and the officers, directors, employees,
partners, principals, agents and representatives of 24k Funk Productions, from, against and
in respect of any and all demands, claims, actions or causes of action, liabilities,
losses, and expenses, including reasonable attorneys' fees, arising out of or
relating to any breach by you of any covenant, representation or warranty made
pursuant to these Terms of Service.
All provisions which must survive in order to give effect to their meaning, shall
survive any expiration or termination of these Terms of Service, including without
limitation all of your representations, warranties and indemnification obligations.
The Terms of Service shall be governed by and construed in accordance with the
laws of the State of Massachusetts, without regard to conflict of laws principles. You
and 24k Funk Productions consent to the exclusive jurisdiction and venue of the state and
federal courts located in Suffolk County for resolution of any and all disputes
arising out of or related to the Terms of Service.
Limitation of Liability
To the full extent permissible under the applicable law, 24k Funk Productions
shall not be
liable for any direct, indirect, incidental, special or consequential damages
resulting from the use or inability to use 24k Funk Productions.
In no event shall 24k Funk Productions have any liability for any incidental, consequential,
or indirect damages (including, but not limited to, damages relating to loss of
business, profits, goodwill, data, programs or information, and the like) arising
out of the use of or inability to use 24k Funk Productions or any information, advice, or
services provided on or downloaded from 24k Funk Productions or accessed on the Internet
from 24k Funk Productions, even if advised of the possibility of such damages and regardless
of the cause of action under which such damages are sought, including, without
limitation, breach of contract, negligence or other tort. Because some states do
not allow the exclusion of implied warranties or the limitation of liability for
sequential or incidental damages, the above exclusions and limitations may not
apply to you. In such states, 24k Funk Production's liability is limited to the greatest
extent permitted by law.
24k Funk Productions contains links to third-party World Wide Web sites and other resources.
24k Funk Productions assumes no responsibility for the availability or content of these
outside sites and resources. Therefore, any concerns a Member may have regarding
any other site should be directed to the relevant site administrator or Webmaster.
The information, advice, facts, or other content appearing on 24k Funk Productions
posted by Users or third parties are those of the respective authors and do not
reflect the views of 24k Funk Productions. 24k Funk Productions assumes no responsibility or liability
for these materials.
Everything on 24k Funk Productions is provided to you "AS IS" and "AS AVAILABLE."
24k Funk Productions does not make any express or implied warranties, representations
or endorsements whatsoever (including, without limitation, warranties of title
or non-infringement or the implied warranties of merchantability or fitness for
a particular purpose) with respect to 24k Funk Productions, any products, merchandise,
information or services provided through or advertised on 24k Funk Productions, or the
accuracy or results obtained from the use of any products, merchandise, or
information or services provided through or advertised on 24k Funk Productions.
24k Funk Productions does not guarantee or warrant that any files available for downloading through
24k Funk Productions will be free of infection by viruses or other code that may contain
contaminating or destructive properties.
Links to Sites
Any third-party sites to which 24k Funk Productions may link are not under
24k Funk Production's control, and 24k Funk Productions does not assume any responsibility or liability for any
information, content, communications or materials available on such third-party
sites. Absent express language to the contrary, 24k Funk Productions does not intend links
contained on 24k Funk Productions to be referrals to, or endorsements of, the linked
third-party sites or the entities that operate them, and such links are provided
for convenience only.
Fees and Costs
The User is responsible for paying any applicable taxes and for all hardware, software,
service and other costs incurred in connection with 24k Funk Productions, including costs
incurred in connecting to 24k Funk Productions via the Internet. 24k Funk Productions
reserves the right,
at any time, to charge fees for access to 24k Funk Productions, and will notify you of any such
fees by posting information regarding such fees on 24k Funk Productions.