Terms of Service


Welcome to SonobeatRecords.com (the "Site"). The Site consists of web pages operated by Sonobeat Historical Archives ("we", "us", and "our"). The Site is offered to you conditioned on your acceptance without modification of the following terms, conditions, and notices (the "Terms"). Your use of the Site constitutes your agreement to all such Terms. Please read these Terms carefully and keep a copy of them for your reference.

Privacy Policy

Please review our Privacy Policy, which is part of these Terms and, therefore, also governs your use of the Site and informs you of our information and data collection practices. Our Privacy Policy was last updated on May 12, 2018.

Electronic Communications

Visiting the Site or sending us emails constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, on the Site and via email, satisfy any legal requirement that such communications be in writing.

Children Under Thirteen

We do not knowingly collect, either online or offline, personal information or data from persons under the age of thirteen. If you are under 18, you may use the Site only with the permission of your parent or guardian.

Links to Third Party Sites/Third Party Services

The Site contains links to other websites and services ("Linked Sites"), such as the iTunes and Amazon MP3 stores. The Linked Sites are not under our control and, therefore, we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We provide these links to you only as a convenience, and the inclusion of any link does not imply our endorsement of any Linked Site or any association with its operators.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms and our Privacy Policy. As a condition of your use of the Site, you warrant to us that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Site, such as text, graphics, logos, audio, images, as well as the compilation thereof, and any software used on the Site, is the property of Sonobeat Historical Archives ("Sonobeat Content") or its suppliers and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Sonobeat Content or other content, in whole or in part, found on the Site. Sonobeat Content is not for resale, except where expressly so indicated (for example, where we make audio recordings available through the iTunes or Amazon MP3 stores). Your use of the Site does not entitle you to make any use of any Sonobeat Content without our express written permission, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use Sonobeat Content solely for your personal use and will make no other use of the Sonobeat Content without our express written permission and, as applicable, that of the copyright owner except in the case of brief text quotations embodied in critical articles and reviews or in scholarly works (with customary attribution given). We do not grant you any licenses, express or implied, to our intellectual property or that of our licensors except as expressly authorized by these Terms. You agree that you do not acquire any ownership rights in any Sonobeat Content.

International Users

The Site is controlled, operated, and administered from our offices within the United States of America. If you access the Site from a location outside the United States of America, you are responsible for compliance with all local laws. You agree that you will not use the Sonobeat Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

Indemnification

You agree to indemnify, defend, and hold harmless Sonobeat Historical Archives, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site, your violation of any Terms, your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to your indemnification, in which event you will fully cooperate with us in asserting any available defenses.

Arbitration

If you and we are unable to resolve any legal dispute between you and us arising out of or concerning these Terms or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act of the United States of America ("Feberal Arbitration Act"), conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location in Los Angeles County in the State of California. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. If any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the arbitrator. This arbitration provision shall survive the termination of these Terms.

Class Action Waiver

Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION AND SOFTWARE INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SONOBEAT HISTORICAL ARCHIVES AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

SONOBEAT HISTORICAL ARCHIVES AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION AND SOFTWARE AND RELATED TEXTUAL MATERIAL, AUDIO, AND GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, TEXTUAL MATERIAL, AUDIO, AND GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SONOBEAT HISTORICAL ARCHIVES AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, TEXTUAL MATERIAL, AUDIO, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SONOBEAT HISTORICAL ARCHIVES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, TEXTUAL MATERIAL, AUDIO, AND GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF SONOBEAT HISTORICAL ARCHIVES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

We reserve the right, in our sole discretion, to terminate your access to the Site or any portion thereof at any time, without notice. To the maximum extent permitted by law, these Terms are governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of arbitrators, and if there is found any defect in the arbitration provisions of these Terms, the federal and state courts located in Los Angeles County, California, in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or use of the Site. Our performance of these Terms is subject to existing laws and legal process, and nothing contained herein is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to us or that we gather with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth 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 the Terms shall continue in effect.

Unless otherwise specified herein, these Terms, including our Privacy Policy, constitute the entire agreement between you and us with respect to the Site, and these terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express desire of the parties that these Terms and all related documents be written in English.

Updates & Effective Date

From time to time, we may update our Terms. We will notify you about material changes in our Terms by placing a notice on the Site. We encourage you to periodically check back and review these Terms.

Our Terms were most recently updated on May 12, 2018, and supersede all previous versions.

How to Contact Us

If you have any questions or concerns about our Terms, you may contact us at the email address shown at the bottom of this page.