The following “Terms of Use” constitutes an agreement between Leblon and you, the
visitor, governing your access and use of all content and functionalities available
at the Leblon website and related micro-sites accessed through the URL
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. USE OR ACCESS OF THIS WEBSITE WILL BE AN INDICATION THAT YOU AGREE TO EACH OF THE TERMS AND CONDITIONS PROVIDED HEREIN (“TERMS OF USE”). IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THIS WEBSITE FOR ANY PURPOSE.
1. Your relationship with Leblon
1.1 Your use of the Website and any products, content, recipes, software and services, including the Leblon embeddable music player (the "Leblon Player"), the streaming music and video content of Muddling on the Beach, the promotional material and musical compilations provided on or from the Website, and generally the musical products of Leblon as well as any rating features, message boards, chat areas, bulletin boards, feedback areas, news groups, email functionality or other communication features (collectively called the "Services" in this document) signifies that you fully accept and agree to the Terms of Use set forth in this document. By submitting your personal information, you are certifying that you have read, understand and agree to the Terms of Use as well as Leblon’s Privacy Policy. Leblon’s Privacy Policy, which can be accessed and reviewed here, is incorporated herein by reference. Again, if you do not agree to any of the Terms of Use, then please do not use the Website.
2. Accepting the Terms of Use
2.1 By your use of the Website, you certify that you are 21 years old or older and that you have all the necessary rights, power and authority to enter into this Agreement and perform the obligations set forth under this Agreement.
2.2 You understand and agree that Leblon will treat your actual use of Services as an acceptance of the Terms of Use from that point onwards.
3. General Restrictions on Use
3.1 You agree to use the Services only for purposes that are permitted by (a) the Terms of Use and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
3.2 Leblon hereby grants you permission to access and use the Website and the Services, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of the Terms of Use on your part:
A. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Leblon, unless you have been specifically allowed to do so in a separate agreement with Leblon. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers).
B. You agree that you will not engage in any activity that interferes with, modifies, alters or disrupts the Services (or the servers and networks which are connected to the Services).
C. Unless you have been specifically permitted to do so in a separate agreement with Leblon, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
D. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
E. Unless you have been expressly authorized to do so in writing by Leblon, you agree that you will not reproduce, duplicate, copy, sell, trade or resell any products or services bearing any trademark, service mark, trade name, logo or service mark owned by Leblon in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
F. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to any submissions made by them.
G. You agree that you are only permitted to use of the Website and Services for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes.
H. In order to access some features of the Website, you may have to create an account. You may never use another end user’s account without permission. When creating your account, you must provide accurate and complete information. You must keep your account password secure. and notify Leblon immediately of any breach of security or unauthorized use of your account. Although Leblon will not be liable for your losses caused by any unauthorized use of your account, you may be liable for Leblon’s losses or others due to such unauthorized use.
I. You may not use any of the Services to post, publish, distribute, display or transmit any sexually suggestive, pornographic, infringing, hate-related, violent or illegal content.
J. You agree that you are solely responsible for (and that Leblon has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which Leblon may suffer) of any such breach.
4. Content
4.1 You understand that all information (such as data files, written text, recipes, computer software, music, audio files or other sounds, photographs, videos or other images, the selection, sequence and 'look and feel' and arrangement of items) which you may have access to as part of, or through your use of, the Services is provided “AS IS” and is the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
4.2 All Content contained on the Website and presented to you as part of the Services is protected, without limitation, by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of Leblon or, in the case of third party materials, the owner of that Content.
4.3 You may not modify, rent, lease, loan, sell, or distribute the Content or create derivative works based on the Content (either in whole or in part) unless you have been specifically told that you may do so by Leblon or by the owners of that Content, in a separate agreement..
4.4 Leblon reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any of the Services or the Website. While Leblon may filter certain Content, there are commercially available services and software to limit access to material that you may find objectionable.
4.5 You agree that you are solely responsible for (and that Leblon has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Leblon may suffer) by doing so. You agree that you will not post, publish, distribute, display or transmit any sexually suggestive, pornographic, infringing, hate-related, violent or illegal Content.
4.6 You understand that as between you and Leblon, Leblon owns all rights in and to the Website, including, the Leblon Content, the “look and feel” of the Website, the trademarks LEBLON®, LIVE LOVE LEBLON ™, MUDDLING ON THE BEACH and all other trademarks of Leblon appearing on the Website, and all intellectual property rights related to the foregoing. Any third party trademarks or third party Content appearing on the Website are owned by the respective third parties.
4.7 Leblon is not responsible for the accuracy or reliability of any Content passing through the Website by advertisers. The Website may contain links to third party websites, applications, or programs that are not controlled by or affiliated with Leblon. Leblon is not responsible for the content, information, offers or privacy policies of such websites, applications, or programs.
5. Disclaimers and Warranties
5.1 The Services are provided "as is" and Leblon makes no warranty or representation of any kind to you with respect to them. In particular Leblon does not represent or warrant to you that:
A. the Services will meet your requirements;
B. the Services will be uninterrupted, timely, secure or free from error;
C. any information, including Content, obtained by you as a result of your use of the Services will be accurate or reliable; and
D. that defects in the operation or functionality of any software provided to you as part of the Services will be corrected.
5.2 Leblon expressly disclaims any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of the Website; (ii) regarding the Content, goods, services, advice, information or links provided by any third parties or users; (iii) that the Website will meet your requirements; or (iv) that the Website will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from the Website shall create any warranty not expressly stated in these Terms of Use.
5.3 Leblon assumes no responsibility for: (i) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication; and (ii) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Website, including any injury or damage to you or to any person’s computer related to or resulting from use of the Services or the Website.
5.4 You acknowledge that no representation has been made regarding the success or distribution of the Content and/or Services. Nothing herein shall be construed to obligate Leblon to publish or distribute any Content or Services.
5.5 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Content and/or Services except to the extent that they are expressly set out in the Terms of Use.
5.6 You understand and acknowledge that in using the Website and the Services, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you and that, in this respect, you use the Services at your own risk. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Leblon with respect to any such Content.
6. Limitation of Liability
6.1 You understand and acknowledge that Leblon shall not be liable to you for:
A. any indirect, incidental, consequential or exemplary losses which may be incurred by you arising out of your use of or inability to use the Website or the Services. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you;
B. any loss or damage which may be incurred by you as a result of: (i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services; (ii) any changes which Leblon may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services); (iii) the deletion of, corruption of, unauthorized access to, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Services; (iv) your failure to provide Leblon with accurate account information; or (v) any other matter relating to the Website, the Services, or the Content.
6.2 By using the Website and any of Leblon’s other interactive Services, you agree that you will solely assume all risk associated with any actions you take in response to, or under the advice of, any Content.
6.3 The limitations on Leblon's liability to you in paragraph 6.1 above shall apply whether or not Leblon has been advised of or should have been aware of the possibility of any such losses arising.
IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE SERVICES, OR THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND SERVICES.
7. Indemnity
You agree to defend, indemnify and hold harmless Leblon, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website and Services; (ii) your violation of any term of the Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) Content you created, displayed, distributed or transmitted on the Website. This defense and indemnification obligation will survive these Terms of Use and your use of the Website and Services.
8. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing: ¸ A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; ¸ Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; ¸ Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; ¸ Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; ¸ A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and ¸ A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please contact our Copyright Agent as follows:
Leblon LLC
151 West 25th Street, 6th Floor
New York, NY 10001
Attn: Copyright Agent
Tel: 212.741.2675
Fax: 212.741.4027
9. General Legal Terms
9.1 Complete Terms. The Terms of Use constitute the whole legal agreement between you and Leblon and govern your use of the Services and completely replace any prior agreements between you and Leblon in relation to the Services. Notwithstanding the foregoing, you understand that Leblon may make changes to the Terms of Use from time to time. When these changes are made, Leblon will make a new copy of the Terms of Use available at http://www.liveloveleblon.com/____. You agree that Leblon is under no obligation to provide you with notices regarding changes to the Terms of Use. You understand that it is your responsibility to check the Terms of Use regularly for changes.
9.2 Modifications to the Services. Leblon is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Leblon provides may change from time to time without prior notice to you. You further acknowledge and agree that Leblon may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Leblon's sole discretion, without prior notice to yoU.
9.3 Confidentiality. You understand that Leblon grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Leblon reserves the right to revoke these exceptions either generally or in specific cases.
9.4 Liability in the Event of Breach. You agree that you will comply with all of the provisions of the Terms of Use. You understand that you are solely responsible for (and that Leblon has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which Leblon may suffer) of any such breach.
9.5 Rights Not Waived. You agree that if Leblon does not exercise or enforce any legal right or remedy which is contained in the Terms of Use (or which Leblon has the benefit of under any applicable law), this will not be taken to be a formal waiver of Leblon's rights and that those rights or remedies will still be available to Leblon.
9.6 Severability. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Use is invalid, then that provision will be removed from the Terms of Use without affecting the rest of the Terms of Use. The remaining provisions of the Terms of Use will continue to be valid and enforceable.
9.7 Governing Law. The Terms of Use, and your relationship with Leblon under the Terms of Use, shall be governed by the laws of the State of New York. You and Leblon agree to submit to the exclusive jurisdiction of the State and Federal courts in New York City, New York, and waive any claim or defense of inconvenient forum or lack of personal jurisdiction in such forum under any applicable law or decision or otherwise.
9.8 Violation of Terms of Use. Please report any violations of the Terms of Use by emailing info@liveloveleblon.com.
9.9 Independent Relationship. You and Leblon are independent contractors, and these Terms of Use, including but not limited to submission or distribution of any Content you created, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between the you and Leblon. Neither party will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set forth in the Terms of Use. Neither party shall in any manner advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liabilities or obligations on behalf of, or in the name of, the other party, unless specifically provided for in the Terms of Use.
Last Updated: February 2, 2009