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Terms and Conditions of Use
Terms & Conditions:
The following describes the terms on which LoudMouf Records offers you access to our services. Introduction / Definition Welcome to LoudMouf Records. By using the services on the LoudMouf Records websites (RevolutionRentals.com and other related websites where this agreement appears) (the “Sites”), you are agreeing to the following terms, including those available by hyperlink, (the "Terms & Conditions" or "User Agreement") with LoudMouf Records Ltd. and the general principles for the websites. Your contract is with LoudMouf Records Ltd. If you have any questions, please contact us. Before you may become a member of LoudMouf Records, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. The agreement that applies on any of our domains and subdomains is always the agreement that appears in the footer of each website. This Agreement is effective on October 1st, 2007, for current users, and upon acceptance for new users. Privacy We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the LoudMouf Records Privacy Policy. For a complete description of how we use and protect your personal information, see the LoudMouf Records Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services. Your Membership Account While using the Sites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the Sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time. Using LoudMouf Records While using the Sites, you will not: # post content or items in an inappropriate category or areas on the Sites; # violate any laws, third party rights; # use the Sites if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Sites; # fail to deliver payment for items rented by you, unless the owner has materially changed the item's description after you made the booking request, a clear typographical error is made in the listing, you cannot authenticate the owners identity, or the rental is mutually cancelled; # fail to deliver items rented from you, unless the renter fails to meet the posted terms, you cannot authenticate the owners identity, or the rental is mutually cancelled; # manipulate the rental price of any item or interfere with other user's listings; # circumvent or manipulate our fee structure, the billing process, or fees owed to LoudMouf Records, if applicable; # post false, inaccurate, misleading, defamatory, or libelous content (including personal information); # take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Sites or for using it for purposes unrelated to LoudMouf Records); # transfer your LoudMouf Records account (including feedback) and User ID to another party without our consent; # distribute or post spam, chain letters, or pyramid schemes; # distribute viruses or any other technologies that may harm LoudMouf Records, or the interests or property of LoudMouf Records users; # copy, modify, or distribute content from the Sites and LoudMouf Records's copyrights and trademarks; or # harvest or otherwise collect information about users, including email addresses, without their consent. LoudMouf Records and the Community work together to keep the Sites working properly and the Community safe. Please report problems, offensive content, and policy violations to us. Fees and Services Currently there are no fees to use the Sites. However LoudMouf Records reserves the right to change Fees and Services at any time. Changes to the Fees and Services are effective after we provide you with at least fourteen days' notice by posting the changes on the Sites. Content License When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of LoudMouf Records so long as the link does not portray LoudMouf Records, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any LoudMouf Records logo or other proprietary graphic or trademark as part of the link without express written permission. Liability You will not hold LoudMouf Records responsible for other users' actions or inactions, including things they post. You acknowledge that we are not a traditional rental house/company. Instead, the Sites act as a venue to allow anyone to offer, request, and rent just about anything, at anytime, from anywhere. We are not involved in the actual transaction between renters and owners. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of owners to rent out items, the ability of renters to pay for rentals, or that an owner or renter will actually complete a transaction. We cannot guarantee continuous or secure access to our services, and operation of the Sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Sites. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $10. Release If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Access and Interference The Sites contains robot exclusion headers. Much of the information on the Sites is updated on a real-time basis and is proprietary or is licensed to LoudMouf Records by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our express written permission. Additionally, you agree that you will not: # take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; # copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Sites without the prior expressed written permission of LoudMouf Records and the appropriate third party, as applicable; # interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites; or # bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Sites. Indemnity You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party. No Agency No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Electronic Communications When you visit LoudMouf Records or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Except as explicitly stated otherwise, legal notices shall be served on LoudMouf Records' email address legal@revolutionrentals.com (in the case of LoudMouf Records) or to the email address you provide to LoudMouf Records during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing. Resolution of Disputes If a dispute arises between you and LoudMouf Records, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and LoudMouf Records agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. # Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of England as they apply to agreements entered into and to be performed entirely within England between English residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against LoudMouf Records must be resolved by a court located in Hertfordshire, England, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Hertfordshire, England for the purpose of litigating all such claims or disputes. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement. We may amend this Agreement at any time by posting the amended terms on this Site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes.
