TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

 

By using the www.InstantRecordLabel.com website (the "Site"), a service of Instant Record Label, LLC, a Florida USA limited liability company, purchasing any Instant Record Label™ Products (“Products”) or using any Instant Record Label applications ("Applications"), you agree to follow and be bound by these terms of use (the "Terms of Use") and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. In these Terms of Use, the words "you" and "your" refer to each customer, Site visitor, or Application user, "we", "us" and "our" refer to Instant Record Label, LLC, a Florida limited liability company (“Company”), and/or to www.InstantRecordLabel.com, and "Services" refers to all services provided by us.

It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site or any Applications. We may revise these Terms of Use at any time without notice to you, but we will post the revised version on the Site; and your continued use of the Site thereafter constitutes your agreement to said revised version. If you have any questions about these Terms of Use, please contact us at info@instantrecordlabel.com.

YOU AGREE THAT BY USING THE SITE, ANY APPLICATIONS, AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE, AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.

Please also refer to the Instant Record Label™ Privacy Policy, which is incorporated herein by this reference.

InstantRecordLabel.com provides an online portal to provide automated software solutions to individuals who choose to prepare their own legal documents. At no time do we individually review your documents for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation. Instant Record Label™ is not a law firm and may not perform services performed by an attorney.

Instant Record Label™, its Products and/or its Services are not substitutes for the advice or services of an attorney.

 

Instant Record Label™ strives to keep its legal documents accurate, current and up-to-date. However, because the law changes rapidly, Instant Record Label™ cannot guarantee that all of the Products and/or information on the Site or Applications is completely current. The law is different from jurisdiction to jurisdiction, and is subject to interpretation by different courts. The law is an individual matter, and no general information or legal tools like the kind Instant Record Label™ provides can fit every circumstance. Furthermore, the legal Products and information contained on the Site and Applications is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area.

At no time is an attorney-client relationship fostered or created with Instant Record Label™ through the performance of any functionality on this Site. Instead, you are and will be representing yourself in any legal matter you undertake through Instant Record Label's legal document Products.



1. Privacy Policy. Instant Record Label™ respects your privacy and permits you to control the treatment of your personal information. A complete statement of Instant Record Label's current Privacy Policy can be found by clicking here Privacy Policy. Instant Record Label's Privacy Policy is expressly incorporated into this Agreement by this reference.

When you use or access certain portions of the Site, Applications, Products or Services, you must provide complete and accurate information as requested. You may be asked to provide a user name and password. If so, you are entirely responsible for maintaining the confidentiality of your password. You may not use a third party's account, user name or password at any time. You agree to notify Instant Record Label™ immediately about any unauthorized use of your account, user name or password. Instant Record Label™ shall not be liable for any losses you incur as a result of someone else's use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by Instant Record Label™, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of your account or password.

In connection with the use of certain Instant Record Label™ Products, you may be asked to provide personal information in a questionnaire, application, form or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you grant to Instant Record Label™ a worldwide, royalty-free, nonexclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the applicable service. You may revoke this license and terminate rights held by Instant Record Label™ at any time by removing your personal information from the applicable service.

2. Ownership. This Site, Products and Applications are owned and operated by Instant Record Label, LLC. All right, title and interest in and to the materials and Products provided on this Site and Applications, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned either by Instant Record Label™ or by our respective third party authors, developers or vendors ("Third Party Providers"). Except as otherwise expressly provided by Instant Record Label™, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way, and nothing on this Site or on any Applications shall be construed to confer any license under any of Instant Record Label's intellectual property rights, whether by estoppel, implication or otherwise. See the "Legal Contact Information" below if you have any questions about obtaining such licenses. Instant Record Label™ does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by Instant Record Label™. Any rights not expressly granted herein are reserved by and for the use of Instant Record Label™.

3. Limited Permission to Download. Instant Record Label™ hereby grants you permission to download, view, copy and print the Materials on any single, stand-alone computer solely for your personal, informational, non-delegable use, provided that (i) where provided, the copyright and trademark notices appearing on any Materials not be altered or removed, (ii) the Materials are not used on any other website or in a networked computer environment and (iii) the Materials are not modified in any way, except for authorized editing of downloadable forms for your use. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use. Upon any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Products or Materials contained on this Site or Applications may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.

4. Links to Third Party Sites. This Site and Applications may contain links to websites controlled by parties other than Instant Record Label™ (each a "Third Party Site"). Instant Record Label™ may work with a number of partners and affiliates whose sites may be linked with our Site. Instant Record Label™ may also provide links to other citations or resources with whom it is not affiliated. Instant Record Label™ is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. Instant Record Label™ makes no guarantees about the content or quality of the products or services provided by such sites. Instant Record Label™ is not responsible for webcasting or any other form of transmission received from any Third Party Site. Instant Record Label™ is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Instant Record Label™ of the Third Party Site, nor does it imply that Instant Record Label™ sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Instant Record Label™ is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.

5. Use of Instant Record Label™ Legal Forms. On our Site, we offer self-help "fill in the blank" forms. If you buy or download a form on our Site or Application, the terms and conditions of these Terms of Use control. You understand that your purchase, download, and/or use of a form document is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is NOT customized to your particular needs.

License to Use.

Instant Record Label™ grants you a limited, personal, non-exclusive, non-transferable license to use our forms (the "Forms") for your own personal and/or internal business use, or if you are an attorney or professional, for your client. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works from, reverse-engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. You shall not remove any copyright notice from any Form.

 

Resale of Forms Prohibited.

By ordering or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal and/or internal business use or used by you in connection with your client and may not be sold or redistributed without the express written consent of Instant Record Label, LLC.



6. DISPUTE RESOLUTION BY BINDING ARBITRATION

Please read this carefully. It affects your rights.

Summary: 

Most customer concerns can be resolved quickly and to the customer's satisfaction by emailing us at info@instantrecordlabel.com. In the unlikely event that such communication does not resolve your concern (or if Instant Record Label™ has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. 

You are urged to consult with independent counsel before using this Site or completing any purchase, and you agree that you have either so consulted with your counsel or have opted not to do so despite our recommendation that you do so.  

Arbitration Agreement: 

(a) Instant Record Label™ and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. This agreement applies, without limitation, to:

  • claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;

  • claims that arose before these or any prior Terms of Use were agreed to between us (including, but not limited to, claims relating to our advertising and promotion);

  • claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and

  • claims that may arise after the termination of these Terms of Use.

For purposes of this Arbitration Agreement, references to "Instant Record Label™," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms of Use or any prior agreements between us. 

Notwithstanding the foregoing, either party may bring an individual action in small claims court. This Arbitration Agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Use, you and Instant Record Label™ are each waiving the right to a trial by jury or to participate in a class action. These Terms of Use evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms of Use. 

(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other party. A Notice to Instant Record Label™ should be addressed to: Notice of Dispute, General Counsel, Instant Record Label, LLC, 4775 Collins Ave. #601, Miami Beach, FL 33140 (the "Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand"). If Instant Record Label™ and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Instant Record Label™ may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Instant Record Label™ or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Instant Record Label™ is entitled. 

(c) The arbitration will be governed by the Consumer Arbitration Rules  (the "AAA Rules") of the American Arbitration Association (the "AAA"), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by these Terms of Use.  All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of paragraph (f) are for the court to decide.  Unless Instant Record Label™ and you agree otherwise, any arbitration hearings will take place in Miami-Dade County, FL USA. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or documentary submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which Instant Record Label™ was a party.

(d) If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of Instant Record Label's last written settlement offer made before an arbitrator was selected, then Instant Record Label™ will:

  • pay you either the amount of the award or $2,000 ("the alternative payment"), whichever is greater; and

  • pay your attorney, if any, the amount of attorney's fees, and reimburse any expenses (including expert witness fees and costs), that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration (the "attorney's payment").

If Instant Record Label™ did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney's fees, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney's fees at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.  In assessing whether an award that includes attorney’s fees or expenses is greater than the value of Instant Record Label’s last written settlement offer, the arbitrator shall include in his or her calculations only the value of any attorney’s fees or expenses you reasonably incurred in connection with the arbitration proceeding before Instant Record Label’s settlement offer.

(e) Your agreement to the alternative payment above, and your right to attorney's fees and expenses discussed in paragraph (d) supplants and replaces in full any right to attorney's fees and expenses you may have under applicable law.

(f) The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND INSTANT RECORD LABEL™ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and Instant Record Label™ agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers.  Neither you nor we may seek non-individualized relief that would affect other customers.  If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

(g) If either party to a dispute seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.

(h) Notwithstanding any provision in these Terms of Use to the contrary, we agree that if we make any future change to this arbitration provision (other than a change to any notice address, website link or telephone number provided herein), that change will not apply to any dispute of which we had written notice prior to the effective date of the change. Moreover, if we seek to terminate this arbitration provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to you, and shall not be effective as to disputes which arose prior to the date of termination.

7. Additional Terms. Some Instant Record Label™ functionalities may be subject to additional posted guidelines, rules or terms of service ("Additional Terms") and your use of such Services will be conditioned on your agreement to the Additional Terms. If there is any conflict between these Terms of Use and the Additional Terms, the Additional Terms will control for that Service, unless the Additional Terms expressly state that these Terms of Use will control.

8. Reviews, Comments, Communications, and Other User Content. At various locations on the Site or through Applications, Instant Record Label™ may permit visitors to post ratings, reviews, comments, and other content (the "User Content"). Contributions to, access to and use of the User Content is subject to this paragraph and the other terms and conditions of these Terms of Use.

Rights and Responsibilities of Instant Record Label™ Regarding User Content.

Instant Record Label™ is not the publisher or author of the User Content. Instant Record Label™ takes no responsibility and assumes no liability for any content posted by you or any third party. Although we cannot make an absolute guarantee of system security, Instant Record Label™ takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by email at info@instantrecordlabel.com. If Instant Record Label's technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, Instant Record Label™ reserves the right to delete those files or to stop those processes. If the Instant Record Label™ technical staff suspects a user name is being used by someone who is not authorized by the proper user, Instant Record Label™ may temporarily disable that user's access in order to preserve system security. In all such cases, Instant Record Label™ will contact the member as soon as feasible. Instant Record Label™ has the right (but not the obligation), in our sole and absolute discretion, to edit, redact, remove, re-categorize to a more appropriate location or otherwise change any User Content.



Rights and Responsibilities of Instant Record Label™ Users or Other Posters of User Content.

You are legally and ethically responsible for any User Content - writings, files, pictures or any other work - that you post or transmit using any Instant Record Label™ service that allows interaction or dissemination of information. In posting User Content, you agree that you will not submit any content:

  • that is known by you to be false, inaccurate or misleading;

  • that infringes anyone’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Please see “Compliance with Intellectual Property Laws” below;

  • that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising). Please see “Compliance with Export Restrictions” below;

  • that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing, or advocates or encourages illegal conduct harmful to any individual, partnership or corporation. Please see “Inappropriate Content” below;

  • that includes advertisements, spam, or content for which you were compensated or granted any consideration by any third party;

  • that includes information that references other websites, addresses, email addresses, phone numbers, or other contact information;

  • that contains any computer virus, worms, or other potentially damaging computer programs or files;

  • that otherwise violates these Terms of Use.

Under United States federal law, you retain copyright on all works you create and post as User Content, unless you choose specifically to renounce it. In posting a work as User Content, you authorize other members who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination.

You grant Instant Record Label™ a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell, distribute, and/or incorporate your User Content into any form, medium, or technology throughout the world without compensation to you. You have the right to remove any of your works from User Content at any time.

You are not required to provide your real name when signing up as a user of Instant Record Label™. Instant Record Label™ permits anonymous or pseudonymous accounts. Any user may request that such member's email address be hidden to provide for additional privacy.

Ratings and reviews will generally be posted in two to four business days.

By submitting your email address in connection with your rating or review, if any, you agree that Instant Record Label™ may use your email address to contact you about the status of your review and other administrative purposes.

9. NO WARRANTY. THE SITE, APPLICATIONS, AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, INSTANTRECORDLABEL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

INSTANTRECORDLABEL™ MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, OR ANY MATERIALS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.

OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. INSTANT RECORD LABEL™ SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE FROM THE SITE.

10. LIMITATION OF LIABILITY AND INDEMNIFICATION. EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD INSTANTRECORDLABEL™ AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FROM ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF INSTANTRECORDLABEL™ HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF INSTANTRECORDLABEL™, IT WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

11. Unsolicited Submissions. Except as may be required in connection with your use of Instant Record Label™, Instant Record Label™ does not want or expect you to submit confidential or proprietary information to us through this Site or any Applications. All comments, feedback, information or material submitted by you to Instant Record Label™ through or in association with this Site shall be considered non-confidential and Instant Record Label's property. By providing such submissions to Instant Record Label™ you hereby assign to Instant Record Label™, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. Instant Record Label™ shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.

12. Compliance with Intellectual Property Laws. When accessing Instant Record Label™ or using the Instant Record Label™ legal document preparation Service, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted to Instant Record Label™.

Instant Record Label™ has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed on the rights of Instant Record Label™ or of a third party or that violate intellectual property rights generally. Instant Record Label's policy is to remove such infringing content or materials and investigate such allegations immediately.

Copyright Infringement:

  1. Notice. Instant Record Label™ has in place certain legally mandated procedures regarding allegations of

copyright infringement occurring on the Site or with the Service. We have adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed our rights or the rights of a third party, or otherwise violated any intellectual property laws or regulations. The Company's policy is to act expeditiously upon receipt of proper notification of claimed copyright infringement to remove or disable access to the allegedly infringing content. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want the Company to delete, edit, or disable the material in question, you must provide the Company with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) 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; (c) 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; (d) Information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and, if available, email address; (e) 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 (f) 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.
The above written information must be sent to our registered Copyright Agent:

 

Copyright Agent,
c/o Instant Record Label, LLC. 4775 Collins Ave., Ste. 601, Miami Beach, FL 33140 email to info@instantrecordlabel.com

  1. Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is

not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to law, to post and use the material in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent: (a) Your physical or electronic signature; (b) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (c) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (d) Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Miami-Dade County, Florida, USA, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by our Copyright Agent, the Company may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it may be restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Company's sole discretion.

 

13. Inappropriate Content. When accessing the Site, any Applications, or using Instant Record Label's Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (a) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, supranational or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Instant Record Label™ reserves the right to terminate or delete such material from our servers. Instant Record Label™ also reserves the right to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.



14. Compliance with Export Restrictions. You may not access, download, use or export the Site, Applications, or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.

15. Personal Use. The Site is made available for your personal and/or internal business use on your own behalf.

16. Children. Minors are not eligible to use the Site or Applications, and we ask that they do not submit any personal information to us.

17. Governing Law; Venue.  Any legal action or proceeding relating to your access to or use of the Site, an Application, or Materials is governed by the Arbitration Agreement contained in paragraph 6 of these Terms of Use. These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site or an Application. The Parties hereto confirm that it is their wish that these Terms of Use, as well as any other documents relating hereto, including notices, be written in the English language (Les parties aux presentes confirment leur volonte que cette le convention de meme que tous les documents y compris y tout avis qui s’y rattache soient rediges en langue anglaise).

You agree that: (a) this Site shall be deemed solely based in the State of Florida, United States of

America; and (b) this Site shall be deemed a passive website that does not give rise to personal jurisdiction over Company, either specific or general, in jurisdictions other than Miami-Dade County, Florida, United States of America. This Agreement shall be governed by the internal substantive laws of the State of Florida, USA, without regard to its conflict of laws principles. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, with the surviving provisions being interpreted so as fully as possible to effect the original intentions of the Parties to this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Company reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement regularly for any such changes. Your use of www.instantrecordlabel.com in any manner following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.

 

YOU AND COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO WWW.INSTANTRECORDLABE.COM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, U.S.A. YOU

HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE FEDERAL AND STATE COURTS SITTING IN MIAMI-DADE COUNTY, FLORIDA, U.S.A., IN ALL DISPUTES ARISING OUT OF OR RELATING TO THE USE OF THIS SITE. USE OF THIS SITE IS UNAUTHORIZED IN ANY JURISDICTION THAT DOES NOT GIVE EFFECT TO ALL PROVISIONS OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION THIS PARAGRAPH.

 

 

THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, U.S.A. YOU HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE FEDERAL AND STATE COURTS SITTING IN MIAMI-DADE COUNTY, FLORIDA, U.S.A., IN ALL DISPUTES ARISING OUT OF OR RELATING TO THE USE OF THIS SITE. USE OF THIS SITE IS UNAUTHORIZED IN ANY JURISDICTION THAT DOES NOT GIVE EFFECT TO ALL PROVISIONS OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION THIS PARAGRAPH. YOU AND COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO WWW.INSTANTRECORDLABEL.COM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

18. Copyrights. All Site design, text, graphics, the selection and arrangement thereof, are Copyright ©, Instant Record Label, LLC. ALL RIGHTS RESERVED.

19. Trademarks. InstantRecordLabel™, InstantRecordLabel.com™, the Instant Record Label™ logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of Instant Record Label™. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

21. Use of Testimonials and Media Endorsements. The media hosts on the Site, if any, endorse Instant Record Label™ as paid spokespeople in our advertising campaigns.

22. Inquiries. BY USING INSTANT RECORD LABEL'S PRODUCTS OR ACCESSING THE INSTANT RECORD LABEL™ SITE OR APPLICATIONS, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO INSTANT RECORD LABEL™ VIA THE INSTANT RECORD LABEL™ SITE OR APPLICATIONS CONSTITUTES AN INQUIRY TO INSTANT RECORD LABEL™, AND THAT INSTANT RECORD LABEL™ MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL “DO NOT CALL” LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).

23. Right to Refuse. You acknowledge that Instant Record Label™ reserves the right to refuse products and/or Services to anyone and to cancel user access at any time.

24. Acknowledgement. BY USING INSTANT RECORD LABEL'S PRODUCTS OR SERVICES OR ACCESSING THE INSTANTRECORDLABEL™ SITE OR APPLICATIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

25. Chargebacks. Once any material has been purchased from InstantRecordLabel.com, you may not cancel your payment by any means, including without limitation by attempting a “chargeback” on your credit/debit card. Since InstantRecordLabel.com tells you what you get BEFORE you sign-up and pay, there can be no issue of false advertising on our site. Customer satisfaction is our #1 goal. If you have any questions about anything in regard to what you will receive in a purchase from InstantRecordLabel.com, you should send those questions to info@instantrecordlabel.com prior to purchase. You hereby understand and agree that if InstantRecordLabel.com receives a charge-back from your account, we may block any further usage of your credit/debit card with our payment processors and include you in a database of negative cardholders, thus PREVENTING YOU FROM SIGNING UP TO ANY OTHER SITE processed by those payment processors. This measure is taken to protect both you and online merchants from fraudulent credit card purchases.

Fraud Warning.

Users who intentionally gain access to this site with no intention of paying, and later dispute the charge with their credit/debit card company and/or refuse to pay the charge, may be committing fraud and are subject to criminal and civil court action under state and federal laws. Accordingly, if you don't intend to pay for your purchase on InstantRecordLabel.com, you agree that you will not make the purchase in the first place.