MARIGOLD PRODUCTIONS, LLC WEBSITE AND ONLINE SERVICES TERMS AND CONDITIONS
(Contains legal information, including the terms and conditions applicable to this website. PLEASE READ THIS CAREFULLY!)
This Internet website is hosted and operated by Marigold Productions, LLC. The terms "Marigold Productions", "Marigold Productions, LLC", “we”, “us” or “our” refer to Marigold Productions, LLC. The terms “you” and “your” refer to you, as the user of the Site.
MARIGOLD PRODUCTIONS, LLC PROVIDES ACCESS TO THIS WEBSITE (the “Site” or the “website”) AND ANY RELATED SERVICES PROVIDED HEREON, INCLUDING FORUMS AND CHAT ROOMS (THE "MARIGOLD PRODUCTIONS, LLC ONLINE SERVICES") SUBJECT TO YOUR COMPLIANCE WITH THE FOLLOWING TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS CONSTITUTE AN AGREEMENT BETWEEN YOU AND MARIGOLD PRODUCTIONS, LLC ("AGREEMENT" or the “Terms and Conditions”) THAT GOVERNS THE RELATIONSHIP BETWEEN YOU AND MARIGOLD PRODUCTIONS, LLC WITH RESPECT TO YOUR USE OF THIS WEBSITE AND THE MARIGOLD PRODUCTIONS, LLC ONLINE SERVICES. THUS, IT IS IMPORTANT THAT YOU READ CAREFULLY AND UNDERSTAND THESE TERMS AND CONDITIONS.
TRADEMARK AND COPYRIGHT INFORMATION
All material on this website, including, but not limited to, text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, and software are owned, controlled by, or licensed to Marigold Productions, LLC and are protected by copyright, trademark, and other intellectual property rights. Material on this website is made available solely for your personal, non-commercial use and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of Marigold Productions, LLC and the copyright owner in each instance. You may download material intentionally made available for downloading from this website for your personal, non-commercial use only, provided that you keep intact any and all copyright and other proprietary notices that may appear on such materials.
CODE OF CONDUCT
Marigold Productions, LLC has provided links and pointers to Internet sites maintained by third parties ("third party sites") and may, from time to time, provide third party materials on this website. In addition, links and pointers to third party sites may be posted on forums or chat rooms. Neither Marigold Productions, LLC, its parent or their respective affiliates, nor Goldee Heart, his agents, affiliates, representatives, record label , or others working on his behalf operate or control in any respect any information, products, or services on these third party sites. The materials in this website, the Marigold Productions online services and the third party sites are provided "as is" and "as available" with no representations or warranties of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, and noninfringement. You assume total responsibility and risk for your use of this website, the Marigold Productions, LLC online services and the third party sites.
Marigold Productions, LLC, its affiliates, and its sponsors and Goldee Heart, his agents, affiliates, representatives, record label, or others working on his BEHALF ARE neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating in any way to this website, your use of this website, the Marigold Productions, LLC, online services, or any third party sites. Your sole remedy for dissatisfaction with this website, the Marigold Productions, LLC online services, and/or any third party sites is to stop using the website(s) concerned and/or those services. Neither Marigold Productions, LLC nor Goldee Heart, his agents, affiliates, representatives, record label, or others working on his behalf warrant that the functions contained in this website, the Marigold Productions, LLC online services and/or any third party sites will be uninterrupted or error-free, that defects will be corrected, or that this website or any third party sites, or the servers that make them available, are or will be free of viruses or other harmful components. Neither Marigold Productions, LLC NOR Goldee Heart, his agents, affiliates, representatives, record label, or others working on his behalf warrant or make any representations regarding the use or the results of the use of the materials on this website, the Marigold Productions online services, or any third party sites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.
For the avoidance of doubt, neither Marigold Productions, LLC nor Goldee Heart, his agents, affiliates, representatives, record label, or others working on his behalf make any representations or warranties regarding how often the materials or information posted on this website will be updated (if at all) or the number or identification of the recording artists or other individuals (if any) that will be featured on this website.
VOID WHERE PROHIBITED
Although this website is accessible worldwide, not all products or services discussed or referenced on this website are available to all persons or in all geographic locations. Marigold Productions, LLC reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any product or service made in this website is void where prohibited.
LICENSE TO MARIGOLD PRODUCTIONS, LLC
By posting messages, uploading files, inputting data, or engaging in any other form of communication through this website, you agree to (A) grant to Marigold Productions, LLC its successors, licensees and assigns a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: (1) use, copy, sublicense, adapt, transmit, publicly perform, or display any such communication; and (2) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication, in each case including the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction, (B) absolutely and irrevocably waive in favor of Marigold Productions, LLC and its successors, licensees and assigns, all moral rights in respect of any such communications, and (C) execute and deliver such further documents and do such further acts and things as Marigold Productions, LLC may request for the purpose of giving effect to the foregoing.
You agree to indemnify, defend, and hold harmless Marigold Productions, LLC, Goldee Heart and their respective affiliated companies, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable legal fees, resulting from any violation by you of these Terms and Conditions. Marigold Productions, LLC and Goldee Heart reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you.
These terms and conditions are entered into in the State of Texas and shall be governed by, and construed in accordance with, the laws of the State of Texas and the laws of the United States of America applicable therein. You agree to submit to the non-exclusive jurisdiction of the courts of the State of Texas. You further agree as follows: (i) any claim brought to enforce these terms and conditions must be commenced within two (2) years of the cause of action accruing; (ii) no recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and legal fees; and (iii) any claim must be brought individually and not consolidated as part of a group or class action complaint.
In the event that any of the provisions of these terms and conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these terms and conditions shall otherwise remain in full force and effect.
Marigold Productions, LLC may modify these terms and conditions from time to time. You agree to be bound to the modifications and should therefore periodically visit this page to review the current terms and conditions to which you are bound.
JURISDICTION AND LANGUAGE
You agree and acknowledge that your use of this website, and all transactions occurring in connection with this website, shall be deemed to have occurred and taken place solely in the State of Virginia, United States of America.
Copyright © 2018 Marigold Productions, LLC All Rights Reserved. All rights reserved. Marigold Productions, as used in the Marigold Productions, LLC, is a trademark, and used under license.