Terms of Use

Acceptance of Terms of Use

Thank you for visiting 1320records.com. Access to this site is offered to you, the individual user, by Gigagig in association with 1320 Records, LLC. These Terms and Conditions of Use ("Terms of Use") govern your use of this Site. By using, visiting, or browsing the Site, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you are forbidden from using this Site.

Changes to Terms of Use

Gigagig. reserves the right, with or without notice to you, to change these Terms of Use in our sole discretion. The most current version of these Terms of Use can always be viewed by clicking on the "Terms of Use" hyperlink. The most current version of the Terms of Use will supersede all previous versions. Your use of the Site after changes are made means that you agree to be bound by such changes.

Ownership and Copyright

Gigagig in association with 1320 Records, LLC is joint owner and proprietor of the Site. The Site Content and Site Code are offered to you for limited use pursuant to these Terms of Use. Site Content means any and all human readable text, graphics, images, audio, video, and other content. Site code means any and all source code, script, object code, computer software, and any other instructions contained in or underlying the Site.

The Site content and Site Code are owned by Gigagig and/or 1320 Records, LLC and are protected by applicable domestic and international copyright law. © 2000-2007 Gigagig and 1320 Records, LLC. All rights reserved. Unless expressly permitted elsewhere in the Site, you may not copy, distribute, publish, perform, broadcast, transmit, transfer, sell, license, post, publicly display, or in any other way exploit the Site Content or Site Code for personal or financial gain.

Use of the Site

Gigagig grants you a non-exclusive, non-transferable, limited right and license to access and use this Site, and view and privately display the Site Content by way of one or more computers connected to the Site via IP networks only, and in strict conformity with these Terms of Use. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way.

Through the Site, Download Licenses ("Downloads") may be purchased for certain audio and video content. Purchase of Download Licenses grants the purchaser the additional limited right and license to download, store, and fix to media the specified content for personal use only. Download Licenses are not transferable. Any form of distribution of the downloaded material is, as stated elsewhere in the Terms of Use, strictly prohibited.

Gigagig grants you this license for the limited purpose of personal use, and not for any commercial purpose. No business entity (e.g., corporation, partnership, sole proprietorship) is licensed to use this Site. You hereby agree not to use the Site, the Materials, or any element or portion thereof for any commercial purpose whatsoever.

Gigagig offers its Site for entertainment purposes only. Gigagig does not warrant the truth or validity of the information contained on its site. You acknowledge and understand that, because of the possibility of human and mechanical error, mistakes or omissions in the data or information provided, delays or interruptions of the data or information stream from whatever cause, as well as other factors, Gigagig is not responsible for errors in or omissions from the information contained or accessed through the Site. ALL INFORMATION AND CONTENT ON THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

All purchases from 1320records.com are non-refundable.

Privacy

Any information submitted on the 1320records.com site is subject to our Privacy Policy. Please review our Privacy Policy to understand our practices.

Disclaimer of Warranty; Limitation of Liability

As with any on-line interaction and electronic communication, there is an inherent risk involved in transmitting any information via the Internet. While we make our best efforts to protect information provided to us, Gigagig does not and cannot guarantee that its system is secure from intruders or free of viruses, or that information provided by users to Gigagig will not be stolen or otherwise surreptitiously obtained. Gigagig is not responsible or liable for any infections or contamination of your system or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the Site Content or Site Code contained on this Site. You hereby acknowledge and understand that such risk is inherent in interacting with any website, including this Site, and take full responsibility for any harm, danger or damage that ensues due to any such breach in security. Pursuant to these Terms of Use, Gigagig expressly disclaims any such liability. In addition, you agree to be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and you shall be responsible for all charges related thereto.

Neither Gigagig nor any provider of content for the site or their respective agents warrant that the site will be uninterrupted or error free, free from viruses or security breaches; nor does Gigagig, any provider of content to the site, or their respective agents make any warranty as to the results to be obtained from use of the site. The site content is not guaranteed to be accurate, timely or verified. The site and the site content are distributed on an "as is" and "as available" basis. Gigagig and its agents do not make any warranties of any kind, either express or implied, including, without limitation, warranties of title or warranties of merchantability or fitness for a particular purpose, with respect to the site, any content, or any goods or services sold through the site. you expressly agree that the entire risk as to the quality and performance of the site and the accuracy or completeness of the content or data made available via the site is assumed solely by you.

Neither Gigagig, any third party content provider nor their respective agents shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the site, even if such party has been advised of the possibility of such damages.

Without waiving the exclusive governing law clause below, some states do not allow exclusion of implied warranties or limitations of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, the liability of Gigagig, third party content providers, and their respective agents shall be limited to the greatest extent permitted by law.

Indemnity

You hereby agree to indemnify, defend and hold harmless Gigagig and its Affiliates from and against any and all liability and costs incurred by Gigagig or the Affiliates in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim. Gigagig reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Gigagig.

General Terms

Notices

Notices by Gigagig to you may be given by means of a general posting at the Site. Notices (including questions, complaints, or legal notices) by you may be given by electronic messages or conventional mail. Electronic mail (e-mail) must be sent to: support@1320records.com

Governing Law/Forum Selection

These Terms of Use are governed by the laws of the State of California, USA applicable to contracts made and performed solely in the State of California, without regard to conflict of laws principles. You hereby consent to the exclusive jurisdiction and venue of the courts in Santa Cruz County, California, USA in any and all claims or disputes arising out of, to enforce, construe, or otherwise relating to these Terms of Use or this Site.

Relationship Between the Parties

Nothing contained in these Terms of Use shall be construed to constitute you and Gigagig as partners or joint venturers or to constitute employment or any type of agency.

Severability

If any provision of these Terms of Use is held invalid, unenforceable or void, the remainder of the Terms of Use shall not be affected thereby and shall continue in full force and effect.

Age of Majority, Right to enter into this Agreement

You represent and warrant to Gigagig that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement.

Full Integration

These Terms of Use constitute the entire agreement between you and Gigagig related to this Site. No prior or contemporaneous written, oral, and electronic representation, negotiation, or agreement form a part of this agreement, and these Terms of Use supersede all prior written, oral, or electronic agreements between the you and Gigagig relating to this Site.

Written Agreement

These Terms of Use constitute a written agreement between you and Gigagig. A printed version of these Terms of Use, and of any notice given in electronic form related to this agreement, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form.

Use in Other Locations

This site is operated in the State of California, United States of America. No representation or warranty is made that the Materials in this Site are legal, appropriate or available for use in other locations. Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable. No software from this Site may be downloaded, exported or re-exported into (or to a national or resident of) any countries that are subject to U.S. export restrictions.

Force Majeure

Gigagig shall not have any liability to you hereunder by reason of any delay or failure to perform any obligation or covenant if the delay or failure to perform is occasioned by force majeure, meaning any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, act of Government, act of public enemy, or other cause of similar or dissimilar nature beyond its control.

Waiver

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

No Jury Trial

You waive your rights to a trial by jury in any proceeding with us.

Electronic Form of Agreement

You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

Modifications

Gigagig has the right to modify this Agreement and any policies affecting the Site, including without limitation the No-Commercialization Policy. Any modification is effective immediately upon posting to the Site or distribution via electronic mail or conventional mail. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Gigagig in providing the Site, including without limitation (i) any change in the Content, or (ii) any change in the amount or type of fees associated with the Fee-Based Services, is to cancel your subscription in accordance with the subscription help instructions.

Gigagig has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site, including without limitation the Fee-Based Services. Gigagig may also impose limits on certain features and services or restrict your access to parts or all of the Gigagig Site without notice or liability.