TERMS & CONDITIONS
These Terms constitute a binding and enforceable legal contract between Record Label DAO and its affiliates and subsidiaries worldwide (“Record Label DAO”, "RLD" “we”, “us”) and you, an end user of the Website (“you” or “User”) in relation to the Website.
By using the Website, you agree that you have read, understood, and to are bound by these Terms, as amended from time to time, and that you comply with the requirements listed herein. If you do not agree to all of these Terms or comply with the requirements herein, please do not access or use the Website.
A) If you are a project/individual that wishes to partner with us, submission of such interest form on the website does not guarantee a response, or a partnership.
B) You understand that RLD does not represent or warrant any assertions made by any partnered projects.
2. ACCESS TO THE WEBSITE
A) By using the Website, you represent and warrant that:
B) you have full legal capacity and authority to agree and bind yourself to these Terms;
C) you are eighteen years of age or older;
D) your access to the Website is (A) not prohibited by applicable law, and (B) at all times compliant with applicable law; and
E) are solely responsible for use of the Website.
3. YOUR RESPONSIBILITIES
A) You shall not use the Website in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you may not:
i. infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets of Record Label DAO;
ii. use the Website to transmit any data or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
iii. use any robot, spider, other automated device, or manual process to monitor or copy the Website or any portion thereof other than copying or exporting as permitted by the Terms;
iv. make any back-up or archival copies of the Website or any part thereof, including disassembling or de-compilation of the Website;
v. use the Website in (A) any unlawful manner, (B) for fraudulent or malicious activities, or (C) in any manner inconsistent with these Terms; or
vi. violate applicable laws in any manner.
B) You warrant that you are aware of applicable laws and regulations governing your use of the Website. You shall be solely responsible for ensuring compliance with the various applicable laws, and you shall be solely liable for any liability that may arise due to a breach of your obligations in this regard.
C) You shall extend all cooperation, at your cost, to Record Label DAO in its defence of any proceedings that may be initiated against it due to a breach of your obligations or covenants under these Terms.
4. RECORD LABEL DAO’S INTELLECTUAL PROPERTY
A) All rights, title, and interest in and to the Website, including all intellectual property rights arising out of the Website, are owned by or otherwise licensed to Record Label DAO. Subject to your compliance with these Terms, RLD grants you a non-exclusive, non-sub licensable, and limited license to (i) use the Website in the permitted hereunder.
B) Except as stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to Record Label DAO's or any third party’s intellectual rights.
C) You may provide suggestions and other feedback, including bug reports, in relation to the Website from time to time (“Feedback”). Record Label DAO may freely use, copy, disclose, publish, display, distribute, and exploit the Feedback without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of your intellectual property rights.
5. THIRD PARTY WEBSITE
A) The Website may include Website, content, and information owned, made available, or otherwise licensed by a third party (“Third Party Website”) or contain links to Third Party Website. You understand that Third Party Website are the responsibility of the third party that created or provided it and acknowledge that the use of such Third Party Website is solely at your own risk.
B) Record Label DAO makes no representations and excludes all warranties and liabilities arising out of or pertaining to such Third Party Website, including its accuracy or completeness.
C) All intellectual property rights in and to Third Party Website are the property of the respective third parties.
A) You agree to indemnify and hold harmless Record Label DAO, its affiliates, subsidiaries, licensors, and their respective directors, officers, members, managers, employees, and agents from and against any and all claims and expenses arising out of your use of the Website, a breach of any provision of these Terms by you or any person using the Website on your behalf, a breach by you of any applicable laws, or any third-party claim to the extent arising from or connected with an allegation that your use of the Website in accordance with these Terms infringes any rights of a third party.
7. TERM AND TERMINATION
A) These Terms shall remain in effect unless terminated in accordance with the terms hereunder.
B) Record Label DAO may terminate, suspend, or modify your access to the Website, or any portion thereof, immediately and at any point, at its sole discretion if it is of the view that you violate or breach any of your obligations, responsibilities, or covenants under these Terms. RLD will not be liable to you or to any third party for any termination, suspension, or modification of your access to the Website.
C) Upon termination under Clause 7(b):
i. these Terms shall terminate, except for those clauses that expressly or are intended to survive termination or expiry.
8. DISCLAIMERS AND WARRANTIES
A) Record Label DAO shall make all commercially reasonable attempts to facilitate information about the information regarding partnered projects/individuals (“Project Information”). However, you understand that Record Label DAO does not (i) guarantee the accuracy, timeliness, or completeness of such information, (ii) provide any warranties in connection with your use or reliance on such information. You agree that your use of the Project Information at your own risk.Record Label DAO shall not be liable to you in any manner for the termination, interruption, delay, or inaccuracy of any Portfolio Information.
B) Record Label DAO is merely a technology platform, and does not provide any legal, tax, investment, financial, or other advice and no information provided by Record Label DAO in connection with the Website should be construed as such.
C) You agree that your use of the Website is at your sole risk. To the extent permitted by applicable law, the Website are provided on an “as is” and “as available” basis. RLD does not warrant that that the functions contained in the Website will meet your requirements. You hereby accept full responsibility for any consequences that may arise from your use of the Website, and expressly agree and acknowledge that Record Label DAO shall have absolutely no liability in this regard.
D) Record Label DAO does not warrant or represent that the Website will be compatible with any third party hardware or software. It shall your responsibility to ensure compatibility of the Website prior to use. Additionally, Record Label DAO shall not be held responsible for any actual, incidental or consequential damages that may result from any use or inability to use any third-party peripherals with the Website.
E) The Application may contain links to third party web sites or Website that are not owned or controlled by Record Label DAO. RLD has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any such websites. You further acknowledge and agree that Record Label DAO shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Website available on or through any such web sites or service.
F) To the fullest extent permissible under applicable law, Record Label DAO expressly disclaims all warranties of any kind, express or implied, arising out of the Website, including warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title and non-infringement, compatibility, applicability, usability, appropriateness, and any warranty that may arise out of course of performance, course of dealing, or usage of trade.
G) To the fullest extent permissible by law, Record Label DAO, its affiliates, and their related parties each disclaim all liability to you for any loss or damage arising out of or due to:
i. your use of, inability to use, or availability or unavailability of the Website, including any third party Website made available through the Website;
ii. the occurrence or existence of any defect, interruption, deletion of files, delays in the operation or transmission of information to, from, or through the Website, communications failure, theft, destruction or unauthorised access to DuckDao’s records, programs, Website, server, or other infrastructure relating to the Website;
iii. the Website being infected with any malicious code or viruses; or
iv. the failure of the Website to remain operational for any period of time.
9. CONSENT TO USE DATA
B) Record Label DAO may use information and anonymised data pertaining to your use of the Website for analytics, trends’ identification, and purposes of statistics to further enhance the effectiveness and efficiency of the Website.
C) You hereby expressly authorise Record Label DAO to disclose any and all information relating to you in Record Label DAO’s possession to any law enforcement or other government officials, if RLD believes it is necessary or appropriate in connection with the investigation or resolution of possible crimes. You further understand that Record Label DAO might be directed to disclose any such information as may be deemed necessary to satisfy any investigation, judicial order, law, regulation, or valid governmental request.
D) You acknowledge that in the event of any security breach on the Website, Record Label DAO reserves the right to make necessary disclosures to applicable authorities established under law.
A) You acknowledge that the Website contain Record Label DAO’s and its licensors’ trade secrets and confidential information. You agree to hold and maintain the Website in confidence, and not to furnish any other person with a copy of the Website or Platform. You agree to use a reasonable degree of care to protect the confidentiality of the Website. You will not remove or alter any of Record Label DAO’s or its licensors’ proprietary notices. Your obligations under this Clause continue even after these Terms have expired or been terminated.
11. FORCE MAJEURE
A) Record Label DAO shall have no liability to you if it is prevented from or delayed in performing its obligations or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, failure of a utility service or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation, or direction.
12. JURISDICTION AND GOVERNING LAW
A) Subject to the other provisions of this Clause 12, the Parties shall attempt in good faith to mutually resolve any and all disputes, whether of law or fact, and of any nature whatsoever arising from or with respect to this Agreement.
B) All disputes shall be resolved by arbitration in Spain in accordance with the procedural aspects of European Law. The tribunal shall consist of 1 (One) arbitrator mutually appointed by the Parties. The seat of the arbitration shall be Spain, and the language of the arbitration shall be English. The parties may attend such proceedings via video conferencing as far as permissible under law.
C) The award rendered by such arbitrator shall be final and binding on the Parties.
13. MISCELLANEOUS PROVISIONS
A) Modification: Record Label DAO reserves the right at any time to modify these Terms and to add new or additional terms or conditions on your use of the Website. Such modifications and additional terms and conditions will be communicated to you and, unless expressly rejected (in which these Terms shall terminate), will be effective immediately and will be incorporated into these Terms. In the event, you refuse to accept such changes, these Terms and licence will terminate.
B) Severability: If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
C) Notices: All notices, requests, demands, and determinations for Record Label DAO under these Terms (other than routine operational communications) shall be sent to [contact(at)recordlabeldao.com].
D) Third Party Rights: No third party shall have any rights to enforce any terms contained herein.