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EFFECTIVE DATE: January 1st 2016

ALL DOWNLOADED FILES ARE OFFERED IN 320KPS MP3 ONLY

Please read these Terms of Use prior to using the Electrofunk website (“website”), any of the services offered on this website or any of the other services offered by Electrofunk (including, without limitation the Electrofunk Records®,,Electrofunk Studios,  and Submerge Recordings, collectively, the “Services”). By using the Services, you agree to  be bound by these Terms of Use, as well as any other law that applies to the Services or the Internet. Electrofunk reserves the right, in its sole discretion, to change, modify, add or remove portions of these Terms of Use at any time by updating this posting. You are responsible for reviewing these Terms of Use from time to time, and will be deemed to have accepted any changes posted should you use the Services after the posting of such changes.

Ownership of Intellectual Property.

SUBMERGERECORDINGS.COM, DETROITDIGITALVINYL.COM. and ELECTROFUNK.COM

are federally registered trademarks of Electrofunk Records Incorporated. Happens are trademarks of Electrofunk. All other trademarks, service marks or logos used in the Services are the trademarks, service marks or logos of their respective owners.Except as otherwise expressly permitted herein, access to the Services does not grant you the right to reproduce, copy, modify, use or distribute by any means, method or process whatsoever, now known or hereafter developed, any of  the content and material located on or transmitted through the Services  (including, without limitation, musical compositions, sound or video recordings, text, images, designs, graphic material and all other copyrightable elements, and the selection and arrangement thereof, collectively, “Content” including, without limitation, transferring or downloading any Content to a computer hard drive,or otherwise copying any Content onto any other storage medium. In addition, access to the Services does not grant to you the right to perform publicly, by any means, method or process whatsoever, now known or hereafter developed, any of the Content transmitted by Electrofunk through the Services including, without limitation, any transmission, retransmission or further transmission of any Content transmitted via the Services. Except as otherwise expressly granted herein, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right underany intellectual property right of Electrofunk or any third party. Submissions and Standards of Conduct anything you submit, transmit or post to Electrofunk (each, a “Submission”) becomes the property of, and shall not be returned by, Electrofunk. By making a Submission, you agree that Electrofunk will, in its sole discretion, have the right, but not the obligation, to use and change the Submission in any manner that Electrofunk may determine including, without limitation, the right to edit, display, copy, remove, distribute, transmit, create derivative works from, license others to use, and publish such Submission in any form and via any medium now known or hereafter developed, and whether alone or part of a collective work, in perpetuity. Notwithstanding the foregoing, if any Submission is a sound recording, Electrofunk shall have (i) the right, but not the obligation, to transmit, broadcast and publicly perform such sound recording via any medium now known or hereafter developed (including the right to make copies to enable the foregoing) in perpetuity, (ii) no obligation to return any copy of such sound recording and (iii) no ownership rights in the master recording of such sound recording unless otherwise agreed by you in writing. Furthermore, you agree that Electrofunk is free to use any ideas, concepts, know-how or techniques contained in any communication you send to it for any purpose whatsoever. By making a Submission, you represent and warrant that you have all necessary rights in such Submission and all information contained therein and that such Submission does not contain libelous, tortious, or otherwise unlawful information which may infringe upon any right of any third party. If your Submission incorporates the name, voice, likeness or image of any individual, you represent and warrant that you have the right to grant Electrofunk permission to use such name, voice, likeness and/or image of such individual appearing in the Submission in all media now known or hereafter developed throughout the world in perpetuity.

Furthermore, by using the Services you agree not to:

 

• Use the Services to disseminate content intended to harass, abuse,

threaten or impersonate any other individual or entity, or disseminate

obscene, defamatory, indecent, harmful, libelous, unlawful and/or other

objectionable material/information.

 

• Use the Services for commercial purposes including, without limitation,

for the advertising or offering of goods or services.

 

• Send duplicative messages in connection with giveaways, contests

or surveys.

 

• Transmit or upload programs or material that contain viruses, timebombs,

cancelbots, worms, trojan horses or other harmful or deleterious programs.

• Transmit or upload any material that contains software or other material

that is protected by intellectual property laws, confidentiality obligations

and/or would infringe upon rights of privacy or publicity of a third party

unless you own or control the rights thereto or have received a license,

permission and/or consent thereto.

 

• Try to gain unauthorized access to the Services, other users information or

computers/hardware connected to the Services through any means.

 

• Violate any applicable laws or regulations including, without limitation,

laws regarding the transmission of technical data or software exported from

the United States.

 

• Interfere with another users use and enjoyment of the Services.

Electrofunk reserves the right, in its sole discretion, to refuseto post, edit or delete messages or any Submissions, as well as revoke the privileges of users who do not comply with these Terms of Use or block specific IP addresses and, if applicable, delete users password and username. You are responsible for maintaining the confidentiality of your passwords and for all activities which occur under your account. In no event shall Electrofunk assume or have any responsibility or liability for any Submissions (including, without limitation, for failure to monitor or edit messages or Submissions sent over the Services and for any threatening, libelous, obscene, harassing or offensive material contained therein) or for any claims, damages or losses resulting from their use, appearance and/or non-appearance, in whole or in part, on the Services. Electrofunk does not endorse the content of users communications. If you believe that any information provided on the Services violates these Terms of Use, or otherwise infringes upon the rights of any third party, please contact us using the form on this website.

Content

Electrofunk reserves the right, in its sole discretion, to change, modify, add or remove any materials (including Content) contained in the Services. Electrofunk shall not be liable to you or any other party for any such changes, modifications, additions or removals.

 

Advertising and Third Parties

You may from time to time enter into correspondence with or participate in the promotions of advertisers and other third parties through the Services. All such correspondence including, without limitation, any resulting contractualagreements, are solely between you and the advertiser/third party and, as such,Electrofunk shall not be responsible for upholding any applicable terms, conditions, representations or warranties made by you or the advertiser/third party in connection therewith and shall otherwise have no liability associated with your interaction with such advertiser/third party. Hyperlinks to Third Party Sites Additionally, Electrofunk is not responsible and assumes no legal responsibility for the accuracy, content, copyright compliance, legality, decency or availability     of information or other material found on websites that link to or from this website, and you hereby irrevocably waive any claim against us with respect to such websites.

Disclaimer of Warranty

The Services run on software, hardware and networks, any component of which may require maintenance or experience problems functioning from time to time. CONSEQUENTLY, THE SERVICES AND THE CONTENT ARE PROVIDED

“AS IS” AND “AS AVAILABLE” AND TO THE FULLEST EXTENT PERMITTED BY

APPLICABLE LAW, Electrofunk DISCLAIMS ALL WARRANTIES OF ANY KIND,

EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES

OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND

NONINFRINGEMENT OF INTELLECTUAL PROPERTY. Electrofunk does not warrant or make any representations that the functions contained in the Content will be uninterrupted or error free, that defects will be corrected or that this website or the server that makes it available are free of viruses or other harmful components. Electrofunk does not warrant or make any representations regarding the use or the results of the Content in terms of its correctness, accuracy, reliability or otherwise. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Indemnification

 

You agree to indemnify, defend and hold harmless, Electrofunk, its

parents, affiliates, subsidiaries and their respective officers,

directors, employees, agents, licensors, representatives and third party

providers to the Services from and against any and all losses, expenses,

damages and costs, including reasonable attorneys fees, resulting from

any violation of this Agreement by you (including, without limitation,

any breach or alleged breach of any of your representations, warranties

or undertakings hereunder). Electrofunk reserves the right to assume,

at its sole expense, the exclusive defense and control of any matter

subject to indemnification by you, in which event you will fully

cooperate with Electrofunk in asserting any available defenses.

 

Limitation of Liability

 

UNDER NO CIRCUMSTANCES SHALL Electrofunk, ITS GENERAL PARTNERS,

PARENTS, AFFILIATES, SUBSIDIARIES OR ANY OF THEIR RESPECTIVE

OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES

AND THIRD PARTY PROVIDERS TO THE SERVICES BE LIABLE TO YOU OR ANY

OTHER PARTY FOR ANY MONEY DAMAGES OR ANY OTHER LIABILITY RISING

OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING

WITHOUT LIMITATION, LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR

CONSEQUENTIAL DAMAGES, HOWEVER ARISING, INCLUDING NEGLIGENCE.

Applicable law may not allow the limitation or exclusion of

liability for incidental or consequential damages, so the

above limitation or exclusion may not apply to you.

 

Governing Law

 

These Terms of Use shall be governed by and construed in

accordance with the laws of the State of Michigan, without

giving effect to any principles of conflicts of law. By using

the Services you agree that any action at law or in equity

arising out of or relating to these Terms of Use shall be

filed only in the state or federal courts located in the

Eastern District of Pennsylvania and you hereby consent

and submit to the personal jurisdiction of such courts

for the purposes of litigating any such action.

 

Miscellaneous Provisions

 

Use of the Services is unauthorized in any jurisdiction

that does not give effect to all provisions of these

Terms of Use. You agree that no joint venture, partnership,

employment or agency relationship exists between you and

Electrofunk (and its affiliates) as a result of these Terms

of Use or use of the Services. Electrofunks performance of these

Terms of Use is subject to existing laws and legal process,

and nothing contained in these Terms of Use is in derogation

of Electrofunks right to comply with governmental, court and

law enforcement requests or requirements relating to your use

of the Services or information provided to or gathered by

Electrofunk with respect to such use. If any part of these

Terms of Use is determined to be invalid or unenforceable,

then the invalid or unenforceable provision will be deemed

superceded by a valid, enforceable provision that most closely

matches the intent of the original provision and the remainder

of these Terms of Use shall continue in effect. These Terms of

Use constitute the entire agreement between you, the end-user,

and Electrofunk with respect to the Services and it supercedes

all prior or contemporaneous communications and proposals,

whether electronic, oral or written, between you and Electrofunk

with respect to the Services. Any rights not expressly granted

herein are reserved. EFFECTIVE DATE: October 1st 2008

 

Please read these Terms of Use prior to using the

Electrofunk website (“website”), any of the services

offered on this website or any of the other services

offered by Electrofunk (including, without limitation,

the Electrofunk Records®,,Electrofunk Studios,  and

Submerge Recordings, collectively, the “Services”).

By using the Services, you agree to  be bound by these

Terms of Use, as well as any other law that applies to

the Services or the Internet. Electrofunk reserves the

right, in its sole discretion, to change, modify, add or

remove portions of these Terms of Use at any time by

updating this posting. You are responsible for reviewing

these Terms of Usefrom time to time, and will be deemed

to have accepted any changes posted should you use the

Services after the posting of such changes.

Ownership of Intellectual Property.

 

SUBMERGERECORDINGS.COM, DETROITDIGITALVINYL.COM. and ELECTROFUNK.COM

are federally registered trademarks of Electrofunk Records Incorporated.

Happens are trademarks of Electrofunk. All other trademarks, service marks

or logos used in the Services are the trademarks, service marks or logos

of their respective owners.

Except as otherwise expressly permitted herein, access to the Services

does not grant you the right to reproduce, copy, modify, use or

distribute by any means, method or process whatsoever, now known or

hereafter developed, any of  the content and material located on

or transmitted through the Services  (including, without limitation,

musical compositions, sound or video recordings, text, images,

designs, graphic material and all other copyrightable elements,

and the selection and arrangement thereof, collectively, “Content”

including, without limitation, transferring or downloading any

Content to a computer hard drive,or otherwise copying any Content

onto any other storage medium. In addition, access

to the Services does not grant to you the right to perform publicly,

by any means, method or process whatsoever, now known or hereafter

developed, any of the Content transmitted by Electrofunk through

the Services including, without limitation, any transmission,

retransmission or further transmission of any Content transmitted

via the Services. Except as otherwise expressly granted herein,

nothing contained herein shall be construed as conferring by

implication, estoppel or otherwise any license or right under

any intellectual property right of Electrofunk or any third party.

Submissions and Standards of Conduct anything you submit, transmit

or post to Electrofunk (each, a “Submission”) becomes the property

of, and shall not be returned by, Electrofunk. By making a Submission,

you agree that Electrofunk will, in its sole discretion, have the right,

but not the obligation, to use and change the Submission in any manner

that Electrofunk may determine including, without limitation, the right

to edit, display, copy, remove, distribute, transmit, create derivative

works from, license others to use, and publish such Submission in any form

and via any medium now known or hereafter developed, and whether alone or

part of a collective work, in perpetuity. Notwithstanding the foregoing,

if any Submission is a sound recording, Electrofunk shall have (i) the right,

but not the obligation, to transmit, broadcast and publicly perform such sound

recording via any medium now known or hereafter developed (including the right

to make copies to enable the foregoing) in perpetuity, (ii) no obligation to

return any copy of such sound recording and (iii) no ownership rights in the

master recording of such sound recording unless otherwise agreed by you in

writing. Furthermore, you agree that Electrofunk is free to use any ideas,

concepts, know-how or techniques contained in any communication you send to

it for any purpose whatsoever. By making a Submission, you represent and

warrant that you have all necessary rights in such Submission and all

information contained therein and that such Submission does not contain

libelous, tortious, or otherwise unlawful information which may infringe

upon any right of any third party. If your Submission incorporates the

name, voice, likeness or image of any individual, you represent and warrant

that you have the right to grant Electrofunk permission to use such name,

voice, likeness and/or image of such individual appearing in the Submission

in all media now known or hereafter developed throughout the world in perpetuity.

 

Furthermore, by using the Services you agree not to:

 

• Use the Services to disseminate content intended to harass, abuse,

threaten or impersonate any other individual or entity, or disseminate

obscene, defamatory, indecent, harmful, libelous, unlawful and/or other

objectionable material/information.

 

• Use the Services for commercial purposes including, without limitation,

for the advertising or offering of goods or services.

 

• Send duplicative messages in connection with giveaways, contests

or surveys.

 

• Transmit or upload programs or material that contain viruses, timebombs,

cancelbots, worms, trojan horses or other harmful or deleterious programs.

• Transmit or upload any material that contains software or other material

that is protected by intellectual property laws, confidentiality obligations

and/or would infringe upon rights of privacy or publicity of a third party

unless you own or control the rights thereto or have received a license,

permission and/or consent thereto.

 

• Try to gain unauthorized access to the Services, other users information or

computers/hardware connected to the Services through any means.

 

• Violate any applicable laws or regulations including, without limitation,

laws regarding the transmission of technical data or software exported from

the United States.

 

• Interfere with another users use and enjoyment of the Services.

Electrofunk reserves the right, in its sole discretion, to refuse

to post, edit or delete messages or any Submissions, as well as

revoke the privileges of users who do not comply with these Terms

of Use or block specific IP addresses and, if applicable, delete

users password and username. You are responsible for maintaining the

confidentiality of your passwords and for all activities which occur

under your account. In no event shall Electrofunk assume or have any

responsibility or liability for any Submissions (including, without

limitation, for failure to monitor or edit messages or Submissions sent

over the Services and for any threatening, libelous, obscene, harassing or

offensive material contained therein) or for any claims, damages or losses

resulting from their use, appearance and/or non-appearance, in whole or in part,

on the Services. Electrofunk does not endorse the content of users communications.

If you believe that any information provided on the Services violates

these Terms of Use, or otherwise infringes upon the rights of any third party,

please contact us using the form on this website.

Content

 

Electrofunk reserves the right, in its sole discretion, to change, modify,

add or remove any materials (including Content) contained in the Services.

Electrofunk shall not be liable to you or any other party for any such

changes, modifications, additions or removals.

 

Advertising and Third Parties

 

You may from time to time enter into correspondence with or

participate in the promotions of advertisers and other third

parties through the Services. All such     correspondence

including, without limitation, any resulting contractual

agreements, are solely between you and the advertiser/third

party and, as such,Electrofunk shall not be responsible for

upholding any applicable terms, conditions, representations or

warranties made by you or the advertiser/third party in connection

therewith and shall otherwise have no liability associated with your

interaction with such advertiser/third party. Hyperlinks to

Third Party Sites Additionally, Electrofunk is not responsible

and assumes no legal responsibility for the accuracy, content, c

opyright compliance, legality, decency or availability     of

information or other material found on websites that link to or

from this website, and you hereby irrevocably waive any claim

against us with respect to such websites.

 

Disclaimer of Warranty

 

The Services run on software, hardware and networks, any component

of which may require maintenance or experience problems functioning

from time to time. CONSEQUENTLY, THE SERVICES AND THE CONTENT ARE PROVIDED

“AS IS” AND “AS AVAILABLE” AND TO THE FULLEST EXTENT PERMITTED BY

APPLICABLE LAW, Electrofunk DISCLAIMS ALL WARRANTIES OF ANY KIND,

EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES

OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND

NONINFRINGEMENT OF INTELLECTUAL PROPERTY. Electrofunk does not w

arrant or make any representations that the functions contained in t

he Content will be uninterrupted or error free, that defects will be

corrected or that this website or the server that makes it available

are free of viruses or other harmful components. Electrofunk does not

warrant or make any representations regarding the use or the results

of the Content in terms of its correctness, accuracy, reliability or

otherwise. Applicable law may not allow the exclusion of implied

warranties, so the above exclusion may not apply to you.

 

Indemnification

 

You agree to indemnify, defend and hold harmless, Electrofunk, its

parents, affiliates, subsidiaries and their respective officers,

directors, employees, agents, licensors, representatives and third party

providers to the Services from and against any and all losses, expenses,

damages and costs, including reasonable attorneys fees, resulting from

any violation of this Agreement by you (including, without limitation,

any breach or alleged breach of any of your representations, warranties

or undertakings hereunder). Electrofunk reserves the right to assume,

at its sole expense, the exclusive defense and control of any matter

subject to indemnification by you, in which event you will fully

cooperate with Electrofunk in asserting any available defenses.

 

Limitation of Liability

 

UNDER NO CIRCUMSTANCES SHALL Electrofunk, ITS GENERAL PARTNERS,

PARENTS, AFFILIATES, SUBSIDIARIES OR ANY OF THEIR RESPECTIVE

OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES

AND THIRD PARTY PROVIDERS TO THE SERVICES BE LIABLE TO YOU OR ANY

OTHER PARTY FOR ANY MONEY DAMAGES OR ANY OTHER LIABILITY RISING

OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING

WITHOUT LIMITATION, LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR

CONSEQUENTIAL DAMAGES, HOWEVER ARISING, INCLUDING NEGLIGENCE.

Applicable law may not allow the limitation or exclusion of

liability for incidental or consequential damages, so the

above limitation or exclusion may not apply to you.

 

Governing Law

 

These Terms of Use shall be governed by and construed in

accordance with the laws of the State of Michigan, without

giving effect to any principles of conflicts of law. By using

the Services you agree that any action at law or in equity

arising out of or relating to these Terms of Use shall be

filed only in the state or federal courts located in the

Eastern District of Pennsylvania and you hereby consent

and submit to the personal jurisdiction of such courts

for the purposes of litigating any such action.

 

Miscellaneous Provisions

 

Use of the Services is unauthorized in any jurisdiction

that does not give effect to all provisions of these

Terms of Use. You agree that no joint venture, partnership,

employment or agency relationship exists between you and

Electrofunk (and its affiliates) as a result of these Terms

of Use or use of the Services. Electrofunks performance of these

Terms of Use is subject to existing laws and legal process,

and nothing contained in these Terms of Use is in derogation

of Electrofunks right to comply with governmental, court and

law enforcement requests or requirements relating to your use

of the Services or information provided to or gathered by

Electrofunk with respect to such use. If any part of these

Terms of Use is determined to be invalid or unenforceable,

then the invalid or unenforceable provision will be deemed

superceded by a valid, enforceable provision that most closely

matches the intent of the original provision and the remainder

of these Terms of Use shall continue in effect. These Terms of

Use constitute the entire agreement between you, the end-user,

and Electrofunk with respect to the Services and it supercedes

all prior or contemporaneous communications and proposals,

whether electronic, oral or written, between you and Electrofunk

with respect to the Services. Any rights not expressly granted

herein are reserved.