The Terms will continue to apply until terminated by either you or Resonate Recordings as follows.
You may end your legal agreement with Resonate Recordings at any time for any reason by deactivating your accounts and discontinuing your use of the Services. In order to deactivate your account, please contact us at firstname.lastname@example.org. Please note that deactivating your account may not relieve you of any payment obligations you have pursuant to a subscription or other agreement with Resonate Recordings.
We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except those Sections you would expect to survive termination.
Nothing in this section shall affect Resonate Recordings’ rights to change, limit or stop the provision of the Services without prior notice, as provided above.
Please read this section carefully since it limits the liability of Resonate Recordings and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Resonate Recordings Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, THE RESONATE RECORDINGS ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Resonate Recordings Entities make no warranty and disclaim all responsibility and liability for: (i) any actions of Resonate Recordings users or contributors; (ii) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (iii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any content; (iv) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Services; (v) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis; (vi) any advice or information you receive through the Services; and (vii) any injuries or harm you or a third party incurs as a result of information or advice received through the Services. No advice or information, whether oral or written, obtained from the Resonate Recordings Entities or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party services or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such services or resources; or (ii) the content, products, or services on or available from such services or resources. Links to such services or resources do not imply any endorsement by the Resonate Recordings Entities of such services or resources or the content, products, or services available from such services or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such services or resources.
To the extent not prohibited by law, you expressly agree to indemnify and hold harmless the Resonate Recordings Entities from and against any and all liabilities, expenses, damages and costs, including, but not limited to, reasonable attorneys’ fees and costs, related to all third party claims, charges and investigations related to (1) your failure to comply with the Terms; (2) your interactions with any other Resonate Recordings user; (3) any claim by a third party or investigation by the government or government agency that your use of the Services or your Content violates the rights of a third party, including without limitation, intellectual property rights, contractual rights, privacy rights, or rights to publicity; and (4) any activity in which you engage on or through the Services.
The failure of Resonate Recordings to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
These Terms and any action related thereto will be governed by the laws of the state of Kentucky without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Jefferson County, Kentucky, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. You agree that you may only bring claims against Resonate Recordings related to your use of the Services on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.