{"id":7607,"date":"2015-12-31T20:14:33","date_gmt":"2015-12-31T20:14:33","guid":{"rendered":"http:\/\/electrofunk.com\/content\/?page_id=7607"},"modified":"2018-08-24T20:24:41","modified_gmt":"2018-08-24T20:24:41","slug":"terms-of-use","status":"publish","type":"page","link":"http:\/\/electrofunk.com\/content\/terms-of-use\/","title":{"rendered":"Terms of Use"},"content":{"rendered":"<div class=\"wpb-content-wrapper\"><p>[vc_row][vc_column][vc_column_text]EFFECTIVE DATE: January 1st 2016<\/p>\n<p>ALL DOWNLOADED FILES ARE OFFERED IN 320KPS MP3 ONLY<\/p>\n<p>Please read these Terms of Use prior to using the\u00a0Electrofunk website (&#8220;website&#8221;), any of the services\u00a0offered on this website or any of the other services\u00a0offered by Electrofunk (including, without limitation\u00a0the Electrofunk Records\u00ae,,Electrofunk Studios,\u00a0 and\u00a0Submerge Recordings, collectively, the &#8220;Services&#8221;).\u00a0By using the Services, you agree to\u00a0 be bound by these\u00a0Terms of Use, as well as any other law that applies to\u00a0the Services or the Internet. Electrofunk reserves the\u00a0right, in its sole discretion, to change, modify, add or\u00a0remove portions of these Terms of Use at any time by\u00a0updating this posting. You are responsible for reviewing\u00a0these Terms of Use from time to time, and will be deemed\u00a0to have accepted any changes posted should you use the\u00a0Services after the posting of such changes.<\/p>\n<p><strong>Ownership of Intellectual Property.<\/strong><\/p>\n<p>SUBMERGERECORDINGS.COM, DETROITDIGITALVINYL.COM. and ELECTROFUNK.COM<\/p>\n<p>are federally registered trademarks of Electrofunk Records Incorporated.\u00a0Happens are trademarks of Electrofunk. All other trademarks, service marks\u00a0or logos used in the Services are the trademarks, service marks or logos\u00a0of their respective owners.Except as otherwise expressly permitted herein, access to the Services\u00a0does not grant you the right to reproduce, copy, modify, use or\u00a0distribute by any means, method or process whatsoever, now known or\u00a0hereafter developed, any of\u00a0 the content and material located on\u00a0or transmitted through the Services\u00a0 (including, without limitation,\u00a0musical compositions, sound or video recordings, text, images,\u00a0designs, graphic material and all other copyrightable elements,\u00a0and the selection and arrangement thereof, collectively, &#8220;Content&#8221;\u00a0including, without limitation, transferring or downloading any\u00a0Content to a computer hard drive,or otherwise copying any Content\u00a0onto any other storage medium. In addition, access\u00a0to the Services does not grant to you the right to perform publicly,\u00a0by any means, method or process whatsoever, now known or hereafter\u00a0developed, any of the Content transmitted by Electrofunk through\u00a0the Services including, without limitation, any transmission,\u00a0retransmission or further transmission of any Content transmitted\u00a0via the Services. Except as otherwise expressly granted herein,\u00a0nothing contained herein shall be construed as conferring by\u00a0implication, estoppel or otherwise any license or right underany intellectual property right of Electrofunk or any third party.\u00a0Submissions and Standards of Conduct anything you submit, transmit\u00a0or post to Electrofunk (each, a &#8220;Submission&#8221;) becomes the property\u00a0of, and shall not be returned by, Electrofunk. By making a Submission,\u00a0you agree that Electrofunk will, in its sole discretion, have the right,\u00a0but not the obligation, to use and change the Submission in any manner\u00a0that Electrofunk may determine including, without limitation, the right\u00a0to edit, display, copy, remove, distribute, transmit, create derivative\u00a0works from, license others to use, and publish such Submission in any form\u00a0and via any medium now known or hereafter developed, and whether alone or\u00a0part of a collective work, in perpetuity. Notwithstanding the foregoing,\u00a0if any Submission is a sound recording, Electrofunk shall have (i) the right,\u00a0but not the obligation, to transmit, broadcast and publicly perform such sound\u00a0recording via any medium now known or hereafter developed (including the right\u00a0to make copies to enable the foregoing) in perpetuity, (ii) no obligation to\u00a0return any copy of such sound recording and (iii) no ownership rights in the\u00a0master recording of such sound recording unless otherwise agreed by you in\u00a0writing. Furthermore, you agree that Electrofunk is free to use any ideas,\u00a0concepts, know-how or techniques contained in any communication you send to\u00a0it for any purpose whatsoever. By making a Submission, you represent and\u00a0warrant that you have all necessary rights in such Submission and all\u00a0information contained therein and that such Submission does not contain\u00a0libelous, tortious, or otherwise unlawful information which may infringe\u00a0upon any right of any third party. If your Submission incorporates the\u00a0name, voice, likeness or image of any individual, you represent and warrant\u00a0that you have the right to grant Electrofunk permission to use such name,\u00a0voice, likeness and\/or image of such individual appearing in the Submission\u00a0in all media now known or hereafter developed throughout the world in perpetuity.<\/p>\n<p>Furthermore, by using the Services you agree not to:<\/p>\n<p>&nbsp;<\/p>\n<ul>\n<li>Use the Services to disseminate content intended to harass, abuse,<\/li>\n<\/ul>\n<p>threaten or impersonate any other individual or entity, or disseminate<\/p>\n<p>obscene, defamatory, indecent, harmful, libelous, unlawful and\/or other<\/p>\n<p>objectionable material\/information.<\/p>\n<p>&nbsp;<\/p>\n<ul>\n<li>Use the Services for commercial purposes including, without limitation,<\/li>\n<\/ul>\n<p>for the advertising or offering of goods or services.<\/p>\n<p>&nbsp;<\/p>\n<ul>\n<li>Send duplicative messages in connection with giveaways, contests<\/li>\n<\/ul>\n<p>or surveys.<\/p>\n<p>&nbsp;<\/p>\n<ul>\n<li>Transmit or upload programs or material that contain viruses, timebombs,<\/li>\n<\/ul>\n<p>cancelbots, worms, trojan horses or other harmful or deleterious programs.<\/p>\n<ul>\n<li>Transmit or upload any material that contains software or other material<\/li>\n<\/ul>\n<p>that is protected by intellectual property laws, confidentiality obligations<\/p>\n<p>and\/or would infringe upon rights of privacy or publicity of a third party<\/p>\n<p>unless you own or control the rights thereto or have received a license,<\/p>\n<p>permission and\/or consent thereto.<\/p>\n<p>&nbsp;<\/p>\n<ul>\n<li>Try to gain unauthorized access to the Services, other users information or<\/li>\n<\/ul>\n<p>computers\/hardware connected to the Services through any means.<\/p>\n<p>&nbsp;<\/p>\n<ul>\n<li>Violate any applicable laws or regulations including, without limitation,<\/li>\n<\/ul>\n<p>laws regarding the transmission of technical data or software exported from<\/p>\n<p>the United States.<\/p>\n<p>&nbsp;<\/p>\n<ul>\n<li>Interfere with another users use and enjoyment of the Services.<\/li>\n<\/ul>\n<p>Electrofunk reserves the right, in its sole discretion, to refuseto post, edit or delete messages or any Submissions, as well as\u00a0revoke the privileges of users who do not comply with these Terms\u00a0of Use or block specific IP addresses and, if applicable, delete\u00a0users password and username. You are responsible for maintaining the\u00a0confidentiality of your passwords and for all activities which occur\u00a0under your account. In no event shall Electrofunk assume or have any\u00a0responsibility or liability for any Submissions (including, without\u00a0limitation, for failure to monitor or edit messages or Submissions sent\u00a0over the Services and for any threatening, libelous, obscene, harassing or\u00a0offensive material contained therein) or for any claims, damages or losses\u00a0resulting from their use, appearance and\/or non-appearance, in whole or in part,\u00a0on the Services. Electrofunk does not endorse the content of users communications.\u00a0If you believe that any information provided on the Services violates\u00a0these Terms of Use, or otherwise infringes upon the rights of any third party,\u00a0please contact us using the form on this website.<\/p>\n<p><strong>Content<\/strong><\/p>\n<p>Electrofunk reserves the right, in its sole discretion, to change, modify,\u00a0add or remove any materials (including Content) contained in the Services.\u00a0Electrofunk shall not be liable to you or any other party for any such\u00a0changes, modifications, additions or removals.<\/p>\n<p>&nbsp;<\/p>\n<p><strong>Advertising and Third Parties<\/strong><\/p>\n<p>You may from time to time enter into correspondence with or\u00a0participate in the promotions of advertisers and other third\u00a0parties through the Services. All such correspondence\u00a0including, without limitation, any resulting contractualagreements, are solely between you and the advertiser\/third\u00a0party and, as such,Electrofunk shall not be responsible for\u00a0upholding any applicable terms, conditions, representations or\u00a0warranties made by you or the advertiser\/third party in connection\u00a0therewith and shall otherwise have no liability associated with your\u00a0interaction with such advertiser\/third party. Hyperlinks to\u00a0Third Party Sites Additionally, Electrofunk is not responsible\u00a0and assumes no legal responsibility for the accuracy, content, copyright compliance, legality, decency or availability\u00a0\u00a0\u00a0\u00a0 of\u00a0information or other material found on websites that link to or\u00a0from this website, and you hereby irrevocably waive any claim\u00a0against us with respect to such websites.<\/p>\n<p><strong>Disclaimer of Warranty<\/strong><\/p>\n<p>The Services run on software, hardware and networks, any component\u00a0of which may require maintenance or experience problems functioning\u00a0from time to time. CONSEQUENTLY, THE SERVICES AND THE CONTENT ARE PROVIDED<\/p>\n<p>&#8220;AS IS&#8221; AND &#8220;AS AVAILABLE&#8221; AND TO THE FULLEST EXTENT PERMITTED BY<\/p>\n<p>APPLICABLE LAW, Electrofunk DISCLAIMS ALL WARRANTIES OF ANY KIND,<\/p>\n<p>EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES<\/p>\n<p>OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND<\/p>\n<p>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\u00a0corrected or that this website or the server that makes it available\u00a0are free of viruses or other harmful components. Electrofunk does not\u00a0warrant or make any representations regarding the use or the results\u00a0of the Content in terms of its correctness, accuracy, reliability or\u00a0otherwise. Applicable law may not allow the exclusion of implied\u00a0warranties, so the above exclusion may not apply to you.<\/p>\n<p><strong>Indemnification<\/strong><\/p>\n<p>&nbsp;<\/p>\n<p>You agree to indemnify, defend and hold harmless, Electrofunk, its<\/p>\n<p>parents, affiliates, subsidiaries and their respective officers,<\/p>\n<p>directors, employees, agents, licensors, representatives and third party<\/p>\n<p>providers to the Services from and against any and all losses, expenses,<\/p>\n<p>damages and costs, including reasonable attorneys fees, resulting from<\/p>\n<p>any violation of this Agreement by you (including, without limitation,<\/p>\n<p>any breach or alleged breach of any of your representations, warranties<\/p>\n<p>or undertakings hereunder). Electrofunk reserves the right to assume,<\/p>\n<p>at its sole expense, the exclusive defense and control of any matter<\/p>\n<p>subject to indemnification by you, in which event you will fully<\/p>\n<p>cooperate with Electrofunk in asserting any available defenses.<\/p>\n<p>&nbsp;<\/p>\n<p>Limitation of Liability<\/p>\n<p>&nbsp;<\/p>\n<p>UNDER NO CIRCUMSTANCES SHALL Electrofunk, ITS GENERAL PARTNERS,<\/p>\n<p>PARENTS, AFFILIATES, SUBSIDIARIES OR ANY OF THEIR RESPECTIVE<\/p>\n<p>OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES<\/p>\n<p>AND THIRD PARTY PROVIDERS TO THE SERVICES BE LIABLE TO YOU OR ANY<\/p>\n<p>OTHER PARTY FOR ANY MONEY DAMAGES OR ANY OTHER LIABILITY RISING<\/p>\n<p>OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING<\/p>\n<p>WITHOUT LIMITATION, LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR<\/p>\n<p>CONSEQUENTIAL DAMAGES, HOWEVER ARISING, INCLUDING NEGLIGENCE.<\/p>\n<p>Applicable law may not allow the limitation or exclusion of<\/p>\n<p>liability for incidental or consequential damages, so the<\/p>\n<p>above limitation or exclusion may not apply to you.<\/p>\n<p>&nbsp;<\/p>\n<p>Governing Law<\/p>\n<p>&nbsp;<\/p>\n<p>These Terms of Use shall be governed by and construed in<\/p>\n<p>accordance with the laws of the State of Michigan, without<\/p>\n<p>giving effect to any principles of conflicts of law. By using<\/p>\n<p>the Services you agree that any action at law or in equity<\/p>\n<p>arising out of or relating to these Terms of Use shall be<\/p>\n<p>filed only in the state or federal courts located in the<\/p>\n<p>Eastern District of Pennsylvania and you hereby consent<\/p>\n<p>and submit to the personal jurisdiction of such courts<\/p>\n<p>for the purposes of litigating any such action.<\/p>\n<p>&nbsp;<\/p>\n<p>Miscellaneous Provisions<\/p>\n<p>&nbsp;<\/p>\n<p>Use of the Services is unauthorized in any jurisdiction<\/p>\n<p>that does not give effect to all provisions of these<\/p>\n<p>Terms of Use. You agree that no joint venture, partnership,<\/p>\n<p>employment or agency relationship exists between you and<\/p>\n<p>Electrofunk (and its affiliates) as a result of these Terms<\/p>\n<p>of Use or use of the Services. Electrofunks performance of these<\/p>\n<p>Terms of Use is subject to existing laws and legal process,<\/p>\n<p>and nothing contained in these Terms of Use is in derogation<\/p>\n<p>of Electrofunks right to comply with governmental, court and<\/p>\n<p>law enforcement requests or requirements relating to your use<\/p>\n<p>of the Services or information provided to or gathered by<\/p>\n<p>Electrofunk with respect to such use. If any part of these<\/p>\n<p>Terms of Use is determined to be invalid or unenforceable,<\/p>\n<p>then the invalid or unenforceable provision will be deemed<\/p>\n<p>superceded by a valid, enforceable provision that most closely<\/p>\n<p>matches the intent of the original provision and the remainder<\/p>\n<p>of these Terms of Use shall continue in effect. These Terms of<\/p>\n<p>Use constitute the entire agreement between you, the end-user,<\/p>\n<p>and Electrofunk with respect to the Services and it supercedes<\/p>\n<p>all prior or contemporaneous communications and proposals,<\/p>\n<p>whether electronic, oral or written, between you and Electrofunk<\/p>\n<p>with respect to the Services. Any rights not expressly granted<\/p>\n<p>herein are reserved. EFFECTIVE DATE: October 1st 2008<\/p>\n<p>&nbsp;<\/p>\n<p>Please read these Terms of Use prior to using the<\/p>\n<p>Electrofunk website (&#8220;website&#8221;), any of the services<\/p>\n<p>offered on this website or any of the other services<\/p>\n<p>offered by Electrofunk (including, without limitation,<\/p>\n<p>the Electrofunk Records\u00ae,,Electrofunk Studios,\u00a0 and<\/p>\n<p>Submerge Recordings, collectively, the &#8220;Services&#8221;).<\/p>\n<p>By using the Services, you agree to\u00a0 be bound by these<\/p>\n<p>Terms of Use, as well as any other law that applies to<\/p>\n<p>the Services or the Internet. Electrofunk reserves the<\/p>\n<p>right, in its sole discretion, to change, modify, add or<\/p>\n<p>remove portions of these Terms of Use at any time by<\/p>\n<p>updating this posting. You are responsible for reviewing<\/p>\n<p>these Terms of Usefrom time to time, and will be deemed<\/p>\n<p>to have accepted any changes posted should you use the<\/p>\n<p>Services after the posting of such changes.<\/p>\n<p>Ownership of Intellectual Property.<\/p>\n<p>&nbsp;<\/p>\n<p>SUBMERGERECORDINGS.COM, DETROITDIGITALVINYL.COM. and ELECTROFUNK.COM<\/p>\n<p>are federally registered trademarks of Electrofunk Records Incorporated.<\/p>\n<p>Happens are trademarks of Electrofunk. All other trademarks, service marks<\/p>\n<p>or logos used in the Services are the trademarks, service marks or logos<\/p>\n<p>of their respective owners.<\/p>\n<p>Except as otherwise expressly permitted herein, access to the Services<\/p>\n<p>does not grant you the right to reproduce, copy, modify, use or<\/p>\n<p>distribute by any means, method or process whatsoever, now known or<\/p>\n<p>hereafter developed, any of\u00a0 the content and material located on<\/p>\n<p>or transmitted through the Services\u00a0 (including, without limitation,<\/p>\n<p>musical compositions, sound or video recordings, text, images,<\/p>\n<p>designs, graphic material and all other copyrightable elements,<\/p>\n<p>and the selection and arrangement thereof, collectively, &#8220;Content&#8221;<\/p>\n<p>including, without limitation, transferring or downloading any<\/p>\n<p>Content to a computer hard drive,or otherwise copying any Content<\/p>\n<p>onto any other storage medium. In addition, access<\/p>\n<p>to the Services does not grant to you the right to perform publicly,<\/p>\n<p>by any means, method or process whatsoever, now known or hereafter<\/p>\n<p>developed, any of the Content transmitted by Electrofunk through<\/p>\n<p>the Services including, without limitation, any transmission,<\/p>\n<p>retransmission or further transmission of any Content transmitted<\/p>\n<p>via the Services. Except as otherwise expressly granted herein,<\/p>\n<p>nothing contained herein shall be construed as conferring by<\/p>\n<p>implication, estoppel or otherwise any license or right under<\/p>\n<p>any intellectual property right of Electrofunk or any third party.<\/p>\n<p>Submissions and Standards of Conduct anything you submit, transmit<\/p>\n<p>or post to Electrofunk (each, a &#8220;Submission&#8221;) becomes the property<\/p>\n<p>of, and shall not be returned by, Electrofunk. By making a Submission,<\/p>\n<p>you agree that Electrofunk will, in its sole discretion, have the right,<\/p>\n<p>but not the obligation, to use and change the Submission in any manner<\/p>\n<p>that Electrofunk may determine including, without limitation, the right<\/p>\n<p>to edit, display, copy, remove, distribute, transmit, create derivative<\/p>\n<p>works from, license others to use, and publish such Submission in any form<\/p>\n<p>and via any medium now known or hereafter developed, and whether alone or<\/p>\n<p>part of a collective work, in perpetuity. Notwithstanding the foregoing,<\/p>\n<p>if any Submission is a sound recording, Electrofunk shall have (i) the right,<\/p>\n<p>but not the obligation, to transmit, broadcast and publicly perform such sound<\/p>\n<p>recording via any medium now known or hereafter developed (including the right<\/p>\n<p>to make copies to enable the foregoing) in perpetuity, (ii) no obligation to<\/p>\n<p>return any copy of such sound recording and (iii) no ownership rights in the<\/p>\n<p>master recording of such sound recording unless otherwise agreed by you in<\/p>\n<p>writing. Furthermore, you agree that Electrofunk is free to use any ideas,<\/p>\n<p>concepts, know-how or techniques contained in any communication you send to<\/p>\n<p>it for any purpose whatsoever. By making a Submission, you represent and<\/p>\n<p>warrant that you have all necessary rights in such Submission and all<\/p>\n<p>information contained therein and that such Submission does not contain<\/p>\n<p>libelous, tortious, or otherwise unlawful information which may infringe<\/p>\n<p>upon any right of any third party. If your Submission incorporates the<\/p>\n<p>name, voice, likeness or image of any individual, you represent and warrant<\/p>\n<p>that you have the right to grant Electrofunk permission to use such name,<\/p>\n<p>voice, likeness and\/or image of such individual appearing in the Submission<\/p>\n<p>in all media now known or hereafter developed throughout the world in perpetuity.<\/p>\n<p>&nbsp;<\/p>\n<p>Furthermore, by using the Services you agree not to:<\/p>\n<p>&nbsp;<\/p>\n<ul>\n<li>Use the Services to disseminate content intended to harass, abuse,<\/li>\n<\/ul>\n<p>threaten or impersonate any other individual or entity, or disseminate<\/p>\n<p>obscene, defamatory, indecent, harmful, libelous, unlawful and\/or other<\/p>\n<p>objectionable material\/information.<\/p>\n<p>&nbsp;<\/p>\n<ul>\n<li>Use the Services for commercial purposes including, without limitation,<\/li>\n<\/ul>\n<p>for the advertising or offering of goods or services.<\/p>\n<p>&nbsp;<\/p>\n<ul>\n<li>Send duplicative messages in connection with giveaways, contests<\/li>\n<\/ul>\n<p>or surveys.<\/p>\n<p>&nbsp;<\/p>\n<ul>\n<li>Transmit or upload programs or material that contain viruses, timebombs,<\/li>\n<\/ul>\n<p>cancelbots, worms, trojan horses or other harmful or deleterious programs.<\/p>\n<ul>\n<li>Transmit or upload any material that contains software or other material<\/li>\n<\/ul>\n<p>that is protected by intellectual property laws, confidentiality obligations<\/p>\n<p>and\/or would infringe upon rights of privacy or publicity of a third party<\/p>\n<p>unless you own or control the rights thereto or have received a license,<\/p>\n<p>permission and\/or consent thereto.<\/p>\n<p>&nbsp;<\/p>\n<ul>\n<li>Try to gain unauthorized access to the Services, other users information or<\/li>\n<\/ul>\n<p>computers\/hardware connected to the Services through any means.<\/p>\n<p>&nbsp;<\/p>\n<ul>\n<li>Violate any applicable laws or regulations including, without limitation,<\/li>\n<\/ul>\n<p>laws regarding the transmission of technical data or software exported from<\/p>\n<p>the United States.<\/p>\n<p>&nbsp;<\/p>\n<ul>\n<li>Interfere with another users use and enjoyment of the Services.<\/li>\n<\/ul>\n<p>Electrofunk reserves the right, in its sole discretion, to refuse<\/p>\n<p>to post, edit or delete messages or any Submissions, as well as<\/p>\n<p>revoke the privileges of users who do not comply with these Terms<\/p>\n<p>of Use or block specific IP addresses and, if applicable, delete<\/p>\n<p>users password and username. You are responsible for maintaining the<\/p>\n<p>confidentiality of your passwords and for all activities which occur<\/p>\n<p>under your account. In no event shall Electrofunk assume or have any<\/p>\n<p>responsibility or liability for any Submissions (including, without<\/p>\n<p>limitation, for failure to monitor or edit messages or Submissions sent<\/p>\n<p>over the Services and for any threatening, libelous, obscene, harassing or<\/p>\n<p>offensive material contained therein) or for any claims, damages or losses<\/p>\n<p>resulting from their use, appearance and\/or non-appearance, in whole or in part,<\/p>\n<p>on the Services. Electrofunk does not endorse the content of users communications.<\/p>\n<p>If you believe that any information provided on the Services violates<\/p>\n<p>these Terms of Use, or otherwise infringes upon the rights of any third party,<\/p>\n<p>please contact us using the form on this website.<\/p>\n<p>Content<\/p>\n<p>&nbsp;<\/p>\n<p>Electrofunk reserves the right, in its sole discretion, to change, modify,<\/p>\n<p>add or remove any materials (including Content) contained in the Services.<\/p>\n<p>Electrofunk shall not be liable to you or any other party for any such<\/p>\n<p>changes, modifications, additions or removals.<\/p>\n<p>&nbsp;<\/p>\n<p>Advertising and Third Parties<\/p>\n<p>&nbsp;<\/p>\n<p>You may from time to time enter into correspondence with or<\/p>\n<p>participate in the promotions of advertisers and other third<\/p>\n<p>parties through the Services. All such\u00a0\u00a0\u00a0\u00a0 correspondence<\/p>\n<p>including, without limitation, any resulting contractual<\/p>\n<p>agreements, are solely between you and the advertiser\/third<\/p>\n<p>party and, as such,Electrofunk shall not be responsible for<\/p>\n<p>upholding any applicable terms, conditions, representations or<\/p>\n<p>warranties made by you or the advertiser\/third party in connection<\/p>\n<p>therewith and shall otherwise have no liability associated with your<\/p>\n<p>interaction with such advertiser\/third party. Hyperlinks to<\/p>\n<p>Third Party Sites Additionally, Electrofunk is not responsible<\/p>\n<p>and assumes no legal responsibility for the accuracy, content, c<\/p>\n<p>opyright compliance, legality, decency or availability\u00a0\u00a0\u00a0\u00a0 of<\/p>\n<p>information or other material found on websites that link to or<\/p>\n<p>from this website, and you hereby irrevocably waive any claim<\/p>\n<p>against us with respect to such websites.<\/p>\n<p>&nbsp;<\/p>\n<p>Disclaimer of Warranty<\/p>\n<p>&nbsp;<\/p>\n<p>The Services run on software, hardware and networks, any component<\/p>\n<p>of which may require maintenance or experience problems functioning<\/p>\n<p>from time to time. CONSEQUENTLY, THE SERVICES AND THE CONTENT ARE PROVIDED<\/p>\n<p>&#8220;AS IS&#8221; AND &#8220;AS AVAILABLE&#8221; AND TO THE FULLEST EXTENT PERMITTED BY<\/p>\n<p>APPLICABLE LAW, Electrofunk DISCLAIMS ALL WARRANTIES OF ANY KIND,<\/p>\n<p>EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES<\/p>\n<p>OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND<\/p>\n<p>NONINFRINGEMENT OF INTELLECTUAL PROPERTY. Electrofunk does not w<\/p>\n<p>arrant or make any representations that the functions contained in t<\/p>\n<p>he Content will be uninterrupted or error free, that defects will be<\/p>\n<p>corrected or that this website or the server that makes it available<\/p>\n<p>are free of viruses or other harmful components. Electrofunk does not<\/p>\n<p>warrant or make any representations regarding the use or the results<\/p>\n<p>of the Content in terms of its correctness, accuracy, reliability or<\/p>\n<p>otherwise. Applicable law may not allow the exclusion of implied<\/p>\n<p>warranties, so the above exclusion may not apply to you.<\/p>\n<p>&nbsp;<\/p>\n<p>Indemnification<\/p>\n<p>&nbsp;<\/p>\n<p>You agree to indemnify, defend and hold harmless, Electrofunk, its<\/p>\n<p>parents, affiliates, subsidiaries and their respective officers,<\/p>\n<p>directors, employees, agents, licensors, representatives and third party<\/p>\n<p>providers to the Services from and against any and all losses, expenses,<\/p>\n<p>damages and costs, including reasonable attorneys fees, resulting from<\/p>\n<p>any violation of this Agreement by you (including, without limitation,<\/p>\n<p>any breach or alleged breach of any of your representations, warranties<\/p>\n<p>or undertakings hereunder). Electrofunk reserves the right to assume,<\/p>\n<p>at its sole expense, the exclusive defense and control of any matter<\/p>\n<p>subject to indemnification by you, in which event you will fully<\/p>\n<p>cooperate with Electrofunk in asserting any available defenses.<\/p>\n<p>&nbsp;<\/p>\n<p>Limitation of Liability<\/p>\n<p>&nbsp;<\/p>\n<p>UNDER NO CIRCUMSTANCES SHALL Electrofunk, ITS GENERAL PARTNERS,<\/p>\n<p>PARENTS, AFFILIATES, SUBSIDIARIES OR ANY OF THEIR RESPECTIVE<\/p>\n<p>OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES<\/p>\n<p>AND THIRD PARTY PROVIDERS TO THE SERVICES BE LIABLE TO YOU OR ANY<\/p>\n<p>OTHER PARTY FOR ANY MONEY DAMAGES OR ANY OTHER LIABILITY RISING<\/p>\n<p>OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING<\/p>\n<p>WITHOUT LIMITATION, LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR<\/p>\n<p>CONSEQUENTIAL DAMAGES, HOWEVER ARISING, INCLUDING NEGLIGENCE.<\/p>\n<p>Applicable law may not allow the limitation or exclusion of<\/p>\n<p>liability for incidental or consequential damages, so the<\/p>\n<p>above limitation or exclusion may not apply to you.<\/p>\n<p>&nbsp;<\/p>\n<p>Governing Law<\/p>\n<p>&nbsp;<\/p>\n<p>These Terms of Use shall be governed by and construed in<\/p>\n<p>accordance with the laws of the State of Michigan, without<\/p>\n<p>giving effect to any principles of conflicts of law. By using<\/p>\n<p>the Services you agree that any action at law or in equity<\/p>\n<p>arising out of or relating to these Terms of Use shall be<\/p>\n<p>filed only in the state or federal courts located in the<\/p>\n<p>Eastern District of Pennsylvania and you hereby consent<\/p>\n<p>and submit to the personal jurisdiction of such courts<\/p>\n<p>for the purposes of litigating any such action.<\/p>\n<p>&nbsp;<\/p>\n<p>Miscellaneous Provisions<\/p>\n<p>&nbsp;<\/p>\n<p>Use of the Services is unauthorized in any jurisdiction<\/p>\n<p>that does not give effect to all provisions of these<\/p>\n<p>Terms of Use. You agree that no joint venture, partnership,<\/p>\n<p>employment or agency relationship exists between you and<\/p>\n<p>Electrofunk (and its affiliates) as a result of these Terms<\/p>\n<p>of Use or use of the Services. Electrofunks performance of these<\/p>\n<p>Terms of Use is subject to existing laws and legal process,<\/p>\n<p>and nothing contained in these Terms of Use is in derogation<\/p>\n<p>of Electrofunks right to comply with governmental, court and<\/p>\n<p>law enforcement requests or requirements relating to your use<\/p>\n<p>of the Services or information provided to or gathered by<\/p>\n<p>Electrofunk with respect to such use. If any part of these<\/p>\n<p>Terms of Use is determined to be invalid or unenforceable,<\/p>\n<p>then the invalid or unenforceable provision will be deemed<\/p>\n<p>superceded by a valid, enforceable provision that most closely<\/p>\n<p>matches the intent of the original provision and the remainder<\/p>\n<p>of these Terms of Use shall continue in effect. These Terms of<\/p>\n<p>Use constitute the entire agreement between you, the end-user,<\/p>\n<p>and Electrofunk with respect to the Services and it supercedes<\/p>\n<p>all prior or contemporaneous communications and proposals,<\/p>\n<p>whether electronic, oral or written, between you and Electrofunk<\/p>\n<p>with respect to the Services. Any rights not expressly granted<\/p>\n<p>herein are reserved.[\/vc_column_text][\/vc_column][\/vc_row]<\/p>\n<p><\/p><\/div>","protected":false},"excerpt":{"rendered":"<p>[vc_row][vc_column][vc_column_text]EFFECTIVE DATE: January 1st 2016 ALL DOWNLOADED FILES ARE OFFERED IN 320KPS MP3 ONLY Please read these Terms of Use prior to using the\u00a0Electrofunk website (&#8220;website&#8221;), any of the services\u00a0offered on this website or any of the other services\u00a0offered by Electrofunk (including, without limitation\u00a0the Electrofunk Records\u00ae,,Electrofunk Studios,\u00a0 and\u00a0Submerge Recordings, collectively, the &#8220;Services&#8221;).\u00a0By using the Services, you agree to\u00a0 be bound [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"episode_type":"","audio_file":"","podmotor_file_id":"","podmotor_episode_id":"","cover_image":"","cover_image_id":"","duration":"","filesize":"","filesize_raw":"","date_recorded":"","explicit":"","block":"","itunes_episode_number":"","itunes_title":"","itunes_season_number":"","itunes_episode_type":"","footnotes":""},"class_list":["post-7607","page","type-page","status-publish","hentry"],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"http:\/\/electrofunk.com\/content\/wp-json\/wp\/v2\/pages\/7607","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/electrofunk.com\/content\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"http:\/\/electrofunk.com\/content\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"http:\/\/electrofunk.com\/content\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/electrofunk.com\/content\/wp-json\/wp\/v2\/comments?post=7607"}],"version-history":[{"count":5,"href":"http:\/\/electrofunk.com\/content\/wp-json\/wp\/v2\/pages\/7607\/revisions"}],"predecessor-version":[{"id":7787,"href":"http:\/\/electrofunk.com\/content\/wp-json\/wp\/v2\/pages\/7607\/revisions\/7787"}],"wp:attachment":[{"href":"http:\/\/electrofunk.com\/content\/wp-json\/wp\/v2\/media?parent=7607"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}