TERMS & CONDITIONS
These General Terms of Use govern the contents and use of this website operated by Old Mill Road Recording, L.L.C. , a Vermont limited liability company and www.rockthehousewithlove.com (this “Website”). Please read these terms carefully before using this Website. By visiting or using this Website and/or any content or materials available you signify that you have read, understand and agree to be bound by these General Terms of Use. If you do not agree to these General Terms of Use, do not use this Website.
We reserve the right to change, modify, add or remove portions of these General Terms of Use at any time.
Your continued use of the Website will be subject to the most current version of the General Terms of Use posted on this Website at the time of such use.
If you breach any of the General Terms of Use, we will be entitled to withdraw your permission to use this Website and you must immediately cease using this Website and destroy any materials downloaded or printed from this Website.
From time to time we may supplement these General Terms of Use with additional terms relevant to specific content, features or events. These additional terms may be placed on this Website to be viewed in connection with the specific content, features or events and will be identified as such. You understand and agree that any such additional terms are incorporated into these General Terms of Use.
1. Ownership
This Website is owned and operated by Old Mill Road Recording, L.L.C. (“we”, “us”). If you would like to contact us, please contact us using the following details:
Old Mill Road Recording, L.L.C.
316 Old Mill Road
East Arlington, VT 05252
info@oldmillroadrecording.com
2. Accessing and Using this Website
2.1. You may not use this Website in any improper or unlawful manner or in breach of any laws that apply to you.
2.2. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States (or the country in which you reside if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.
2.3. Without limiting the foregoing, you agree that when using this Website, you will not:
(a) intimidate or harass others or disclose personal information about others;
(b) publish, post, upload, transmit, share, store, distribute, disseminate or otherwise make available any content, material or information that is or may reasonably be construed as unlawful, defamatory, infringing, obscene, sexually explicit, harmful, fraudulent, confidential, hateful, discriminatory, threatening or otherwise illegal or anything which might constitute a criminal or civil offense, promote violence or incite racial or other hatred;
(c) upload any files that contain software, content or material of any other nature which contain proprietary rights of any third party or which are protected by right of privacy or publicity of any third party without having first received all necessary consents;
(d) upload, post, transmit, share or otherwise make available any material that contains viruses, corrupted files or any other computer code, files, software or programs that may interfere with, damage, interrupt, destroy or limit the functionality of the Website or any computer software, hardware or telecommunications equipment;
(e) use or attempt to use another’s login, service or system without their authorization or create a false identity on this Website or impersonate others;
(f) promote any activity that is illegal; or
(g) use software to harvest information from this Website.
2.4 You agree to comply with all reasonable instructions that we may give you from time to time regarding the use of the Website.
2.5 You are responsible for obtaining (at your own cost) all necessary equipment and telecommunications services required to access and use this Website. You are responsible for ensuring no one uses your equipment to access this Website without your permission. We will be entitled to assume that anyone who accesses this Website using your equipment has your permission to do so and you will be liable for any charges, costs, liabilities or damages that may be incurred by any such person when using this Website.
3. Property Rights and Rights of Use
3.1 All rights in and to this Website and all content and materials contained in this Website (including without limitation any text, photographs, pictures, graphics, diagrams, video, audio, music, software, applications and their compilation and lay out (the “Website Content”) are owned by and shall remain owned by us or our licensors (including without limitation Lucybelle Music LLC). You may view the Website Content made available to you through this Website subject to the following conditions:
(a) the Website and the Website Content may only be used for your personal, non-commercial purposes;
(b) Website Content may not be reproduced or included in any other work or publication in any medium;
(c) Website Content may not be modified, copied, altered, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted or sold in any form or by any means in whole or in part; and
(d) you may not remove any copyright or other proprietary notices contained in any Website Content.
3.2. Any other use of the Website Content (except as expressly permitted in these General Terms of Use) is prohibited.
3.3. Any copying, reproduction, modification, distribution or sale of any Website Content for any purpose is an infringement of our rights.
3.4. If you download any Website Content from this Website, you own the medium on which the Website Content is recorded, but we do not transfer title to such Website Content to you and we retain full and complete title to the Website Content at all times, and all right therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce any software contained in the Website Content.
3.5. Please contact info@oldmillroadmedia.com if you believe that content displayed on this Website has violated your copyright or other proprietary rights.
3.6 For the purpose of these General Terms of Use “proprietary rights” means patents, registered and unregistered trademarks and service marks, domain names, registered designs and design rights, copyright, rights in performances, database rights and moral rights, rights subsisting in inventions, designs, drawings and computer programs, and all similar rights anywhere in the world.
4. Competitions and Contents
From time to time it may be possible to enter competitions or contests through the Website. There may be additional terms and conditions applicable to those competitions or contests. Where additional terms apply, you will be notified of that fact and given an opportunity to read and agree to those terms and conditions before you enter the competition or contest.
5. Website Access
5.1. While we endeavor to ensure that the Website is normally available 24 hours a day, we will not be responsible if for any reason this Website is unavailable at any time or for any period.
5.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
6. DISCLAIMERS
6.1. WHILE WE ENDEAVOR TO ENSURE THE WEBSITE CONTENT IS CORRECT, WE DO NOT WARRANT THE ACCURACY AND COMPLETENESS OF THE WEBSITE CONTENT ON THIS WEBSITE. COMMENTARY AND INFORMATION IS NOT INTENDED TO AMOUNT TO ADVICE AND YOU SHOULD NOT RELY ON IT WITHOUT SEEKING INDEPENDENT ADVICE FOR YOUR CIRCUMSTANCES. WE MAY MAKE CHANGES TO THE WEBSITE CONTENT, OR TO ANY PRODUCTS, PRICES OR FEES DESCRIBED IN IT, AT ANY TIME WITHOUT NOTICE. THE WEBSITE CONTENT MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE THE MATERIAL.
6.2. WE WILL EXERCISE REASONABLE SKILL AND CARE IN PROVIDING THIS WEBSITE. SOME WEBSITE CONTENT IS PROVIDED BY THIRD PARTIES AND WE DO NOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY SUCH WEBSITE CONTENT.
6.3 WE ARE NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY USER GENERATED CONTENT OR ANY OTHER THIRD PARTY CONTENT ON THE WEBSITE AND WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT MEMBERS OR ANY OTHER USERS POST, TRANSMIT OR SHARE ON THE WEBSITE NO FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL OR OTHERWISE OBJECTIONABLE CONTENT THAT ANY USER MAY ENCOUNTER ON OR IN CONNECTION WITH USER GENERATED CONTENT OR ANY OTHER THIRD PARTY CONTENT ON THIS WEBSITE.
6.4. THE WEBSITE AND ALL WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED (WHETHER BY COMMON LAW, CUSTOM, STATUTE OR OTHERWISE). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS, STATEMENTS AND WARRANTIES (INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF THE FITNESS FOR A PARTICULAR PURPOSE OF THE WEBSITE OR WEBSITE CONTENT OR THAT YOUR USE OF THE WEBSITE OR WEBSITE CONTENT WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTY).
6.5. WE DO NOT WARRANT THAT THE WEBSITE, ANY WEBSITE CONTENT OR ANY FUNCTION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE WEBSITE AND THE WEBSITE CONTENT WILL MEET YOUR REQUIREMENTS NOR DO WE MAKE ANY WARRANTY OR REPRESENTATION REGARDING THE USE OR THE RESULTS OF ANY WEBSITE CONTENT IN TERMS OF THEIR COMPLETENESS, ACCURACY, CURRENCY, RELIABILITY, OR OTHERWISE. WE WILL NOT BE HELD RESPONSIBLE FOR THE SECURITY OF THE SITE OF FOR ANY DISRUPTION OF THE SITE HOWEVER CAUSED, LOSS OF OR CORRUPTION OF ANY MATERIAL IN TRANSIT, OR LOSS OF OR CORRUPTION OF MATERIAL OR DATA WHEN DOWNLOADED ONTO ANY COMPUTER SYSTEM.
7. Links, Third Party Websites and Purchases
7.1. This Website may contain links to websites (sites) operated by third parties that are not under our control and are provided to you for your convenience only. We make no warranties or representations whatsoever about any such sites which you may access through this Website or any services that they may provide. Without limiting the foregoing, these sites are not in any way approved, checked, vetted or endorsed by us and you agree that we will not be responsible or liable in any way for the content, advertising, products or services available from such sites, their suitability, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality or functionality of any products or services available on such sites or for any transactions, dealings or arrangement that you may have, or the consequences of such transactions, dealings or arrangements, with such third party site operators.
7.2. If you choose to access a site beyond our control, you do so at your own risk. You agree that any use of any such third party site may be subject to your acceptance of the third party’s terms and conditions. You agree that any transactions, dealings or arrangements you carry out on any third party site will be direct with such third party and not with us. You agree that we are not liable in any way in relation to such transactions, dealings or arrangements.
7.3. From time to time, third parties may link to our Website without our express consent or knowledge. We are not responsible in any way for any dealings which you may have with these unauthorized sites or any content which may be displayed or linked to by these third parties.
7.4. If you purchase via this Website any music or other products or services of any kind you will be contracting directly with a third party seller and not with Old Mill Road Recording, LLC. All purchases made via the Website will be subject to such third party’s terms and conditions. You agree that we are not liable in any way in relation to any transactions, dealings or arrangements of any kind made between you and any third party seller via the Website and any such transactions, dealings or arrangements are at your sole risk and responsibility.
8. MERCHANDISE.
8.1. ALL PRODUCTS SOLD VIA THIS WEBSITE ARE PROVIDED WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED (WHETHER BY COMMON LAW, CUSTOM, STATUTE OR OTHERWISE). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL OTHER CONDITIONS, REPRESENTATIONS, STATEMENTS, TERMS, UNDERTAKINGS AND WARRANTIES (INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF THE FITNESS FOR A PARTICULAR USE).
8.2. Any merchandise or products your purchase through this Website may only be used for personal, non-commercial purposes and may not be modified, copied, altered, distributed, reproduced, displayed, leased or sole in any form or by any means, in whole or in part. Any copying, reproduction, modification, distribution, lease or sale of any merchandise or products your purchase through this Website will be an infringement of our rights.
9. LIABILITY.
9.1. You expressly agree that your use of and browsing of this Website and the use of this Website are at your own risk.
9.2. YOU AGREE THAT WE WILL NOT BE LIABLE FOR: (A) ANY DIRECT LOSS, CLAIM OR DAMAGE; (B) ANY INDIRECT LOSS, CLAIM OR DAMAGE, OR ANY PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND; OR (C) ANY LOSS OF PROFIT OR LOSS OF SAVINGS OR LOSS OR CORRUPTION OF DATA, IN EACH CASE WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES FROM (I) ANY USE OF THIS WEBSITE OR THE WEBSITE CONTENT, (II) ANY FAILURE OR DELAY IN THE USE OF THE WEBSITE, THE WEBSITE CONTENT OR ANY SERVICE, (III) ANY USE OR RELIANCE UPON ANY WEBSITE CONTENT OR ANY OTHER INFORMATION, MATERIAL, SOFTWARE, PRODUCTS, SERVICE AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, EVEN IF WE HAVE BEEN FOREWARNED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. SUBJECT TO INDEMNIFICATION BELOW, YOU AGREE THAT ALL DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE IS LIMITED TO $100 OR THE AMOUNT OF MONEY THAT YOU HAVE PAID US IN THE PRECEEDING 12 MONTHS, WHICHEVER IS LESS.
9.3 Due to the inherent risks of using the Internet, we cannot be liable for any damage to, or viruses that may infect your computer equipment or any other property when using or browsing the Website. The downloading or other acquisition of Website Content through the Website is done at your own risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or acquisition of any such Website Content.
10. Indemnity
10.1 You agree to indemnify, defend and hold us, our affiliates and each of our respective officers, directors, employees, owners, agents contractors, partners, information providers and licensors harmless from and against any and all claims, damages, liability, demands, losses, costs and expenses (including legal fees)(whether or not foreseeable or avoidable) incurred or suffered by any of such parties and any claims or legal proceedings which are brought or threatened, arising out of or in connection with your use of the Website, the Website Content or the services provided through the Website, any purchases, transactions, dealings or arrangements with any third party via the Website or on a third party site, or any violation of these General Terms of Use or any law or the rights of any third party.
11. Termination.
11.1. We may remove the Website or cease the provision of any of the services available through the Website at any time in our sole discretion for any reason whatsoever.
11.2. We may terminate your access to the Website for any reason in our sole discretion at any time with or without notice.
11.3. Without prejudice to the foregoing, in the event that you breach these General Terms of Use, we may suspend your access to the Website.
11.4. Upon termination of your access to the Website for any reason, you must destroy all Website Content obtained from this Website, and any and all copies thereof, whether made under these General Terms of Use or otherwise.
12. Privacy Policy. We will only use any personal information that we may collect about you in accordance with our Privacy Policy. This policy forms an essential part of these General Terms of Use and it is important that you read it. By accepting these General Terms of Use, you also accept and consent to our Privacy Policy.
13. Compliance. We comply with COPA, CCPA, GDPR, and CPRA (California Civil Code §1798.100 et. seq.) legal requirements. To the extent that we collect sensitive personal information whether directly or indirectly, we are not liable for unintentional disclosures and further do not intentionally share or sell sensitive personal information. For questions contact info@oldmillrecording.com.
14. General.
14.1 Any failure or delay by us to enforce any of our rights under these General Terms of Use is not to be taken as or deemed to be a waiver of that or any other right unless we acknowledge and agree to such a waiver in writing.
14.2. If any portion of these General Terms of Use is, or becomes, invalid, illegal or unenforceable, then that portion is deemed to be deleted from these General Terms of Use. Any such deemed deletion will not affect the validity, legality, or enforceability of the remainder of the General Terms of Use.
14.3. The General Terms of Use and the Privacy Policy set out the full extent of our obligations and liabilities concerning the subject matter of this Website and the Website Content.
14.4. These General Terms of Use are governed by the laws of the State of Vermont and the parties agree to submit to the exclusive jurisdiction of the courts located in Bennington County, Vermont.