Last revised: October 26, 2012
When you purchase and/or download audio or video content from the Website, the Company grants you a limited, revocable, non-exclusive, non-transferable license to download or stream such content to your computer and/or your mobile device solely for your personal non-commercial use. You may not copy, reproduce, distribute or use such content in any other manner. You may not sell, transfer, lease, modify, distribute or publicly perform such content in any manner and you may not exploit it commercially.
User Representations and Warranties
You acknowledge that the Website has been developed, compiled, prepared, revised, selected and arranged by the Company and others through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of the Company and others. It is our policy to enforce our intellectual property rights to the fullest extent permitted under law. The trademarks, logos and service marks (“Marks”) displayed on the Website are the property of the Company or third parties and cannot be used without the written permission of the Company or the third party that owns the Marks. Without limitation, Ziggy Marley™ is a trademark owned by Tuff Gong Worldwide. The Website is also protected as a collective work or compilation under U.S. copyright and other foreign and domestic laws and treaties. Users are prohibited from using (except as expressly set forth herein), transferring, disposing of, modifying, copying, distributing, transmitting, broadcasting, publicly performing, displaying, publishing, selling, licensing, or creating derivative works of any content on the Website for commercial or public purposes. Nothing contained herein shall be construed by implication, estoppel or otherwise as granting to the user an ownership interest in any copyright, trademark, patent or other intellectual property right of the Company or any third party.
The Company exclusively owns all worldwide right, title and interest in and to all documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions and other materials included within the Website and related to the Website and all modifications and derivative works thereof, and all intellectual property rights related thereto.
Copyright Infringement Policy
The Company respects the rights of all copyright holders and in this regard, the Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Company’s Copyright Agent the following information: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; a description 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; a description 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 us to locate the material; your address, telephone number, and email address; a written statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The Company’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Tuff Gong Worldwide Inc., 8391 Beverly Blvd. #124, Los Angeles, CA 90048; Attn: Copyright Agent. The Company will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
You agree that you will not engage in any activity that interferes with or disrupts the (or the servers and networks which are connected to the Website) or use any service to manipulate your CPU to gain distinct advantage on any of our programs.
Unless you have been specifically permitted to do so in a separate agreement with us, you agree that you will not reproduce, duplicate, copy, sell, trade or resell any content on the Website for any purpose.
Please note that at any time, we may, in our sole discretion, terminate our legal agreement with you and deny you use of our Website if:
(A) you have breached any provision of these terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of these terms); or
(B) we are required to do so by law (for example, where the provision of our services to you is, or becomes, unlawful); or
(C) the provision of the Website to you is, in our opinion, no longer commercially viable.
You further agree that your use of the Website shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree not to use the Website in order to:
- post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual, hateful or otherwise objectionable;
- post spam links, and/or personal referral links in an aggressive, wanton, or otherwise inappropriate fashion both on BobMarley.com or on any other public site on the web;
- defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, hatefully, racially, ethnically or, in a reasonable person’s view, otherwise offensive or objectionable;
- upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Website, other users’ computers, or the access to or functionality of the Website;
- violate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Website in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity)
- attempt to obtain personal information from other users
- improperly use support channels or complaint buttons to make false reports to the Company
- develop, distribute, or publicly inform other members of “auto” software programs, “macro” software programs or other “cheat utility” software program or applications in violation of the applicable License Agreements
- exploit, distribute or publicly inform other members of any error, miscue or bug that gives an unintended advantage
- violate any applicable laws or regulations, or promote or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Website.
- You agree that the Company may discontinue the Website or change the content of the Website at any time, for any reason, with or without notice to you, without liability.
- If you download or copy music files from the Website, you agree to use any music files that you download and copy in compliance with the following rules (“Usage Rules”):
- You shall be authorized to use the music files only for personal, noncommercial use;
- You may not combine a music file with any video or image file to create a multimedia work;
- You may not use a music file as a musical “ringer” in connection with a phone or phone calls, without the Company’s permission;
- The download and copy of a music file does not transfer to you any commercial or promotional use rights in the music file; and
The Company reserves the right to modify the Usage Rules at any time.
By posting User Content to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to the Company a royalty-free, irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide right and license (with the right to sublicense) to use, copy, adapt, modify, perform, publish, display, reformat, translate, excerpt (in whole or in part) and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, in any form, media, or technology now known or later developed, and to grant and authorize sublicenses of the foregoing, all on a non-confidential and unrestricted basis, without compensation or any other obligation whatsoever to you. You represent and warrant that your User Content is accurate, true, non-defamatory and non-infringing, and that it will not cause injury to any person or entity; you further represent and warrant that the holder of any rights in such content, including intellectual property rights, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also hereby waive any moral rights to the User Content.
Disclaimers Regarding User Content
Links To Other Websites And Information About Other Products And Services
The links found on this Website will let you leave our Website and go to sites operated by parties other than the Company. The linked sites are often not under the control of the Company and we are not responsible for the contents of any linked site or any link contained in a linked site that are not owned and operated by the Company, or any changes or updates to such sites. Such links by this Website to sites maintained by third parties do not constitute an endorsement, guaranty, or warranty by the Company, or any of its affiliates, of any third party or their content, nor the existence of a partnership, joint venture, agency, or other relationship between the Company, or any of its affiliates, and any linked third party or their content. The Company does not assume any responsibility or liability for the actions, product, content and/or information of these and other third parties and/or their web sites. You should carefully review their privacy statements and other conditions of use.
Disclaimer of Warranties; Limitation of Liability; Indemnification
You agree that your use of the Website shall be at your sole risk. To the maximum extent permitted by law and unless restricted or prohibited by law, the Company, its officers, shareholders, directors, employees, and agents disclaim all guarantees, warranties and conditions, express or implied, in connection with the Website and your use thereof, including implied guarantees or warranties of title, merchantability or acceptable quality, fitness for a particular purpose or non-infringement, accuracy, authority, completeness, usefulness, and timeliness. To the fullest extent permitted by law, the Company makes no warranties, conditions or representations about the accuracy or completeness of the content of the Website of the content of any sites linked to the Website and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury (including death) or property damage, of any nature whatsoever, resulting from your access to and use of the Website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Website, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Website by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Website. The Website is provided on an “as is, as available” basis.
Sometimes when you use our Website, you may use a service or download a piece of software, or purchase goods, provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, these terms do not affect your legal relationship with these other companies or individuals.
All matters relating to the Agreement and any dispute arising hereunder shall be governed by the laws of the State of California, without regard to its conflicts of law provisions.
Dispute Resolution; Arbitration
The Website is controlled, operated, and administered by the Company from its offices within the United States of America. The Company makes no representation that materials on the Website are appropriate or available for use at other locations outside of the United States and access to them from territories where the contents or products available through the Website are illegal is prohibited. You may not use the Website or export the content or products in violation of U.S. export laws and regulations. If you access any Company Sites from a location outside of the United States, you are responsible for compliance with all local laws.
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, void or unenforceable for any reason, the remaining provisions not so declared shall nevertheless continue in full force and effect, but shall be construed in a manner so as to effectuate the intent of these Terms as a whole, notwithstanding such stricken provision or provisions.