Terms of Use
Last Updated December 7, 2019
PLEASE READ THESE TERMS OF USE (THE “TERMS”) CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS SITE IN ANY WAY, YOU ARE AGREEING TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE FOR ANY PURPOSE.
These Terms of Use (the “Terms”) constitute a legal agreement between you and MIKE DAVIDSON RECORDING, INC. D/B/A PLAID DOG RECORDING, a corporation duly organized, validly existing and in good standing under the laws of the State of Massachusetts, and/or its subsidiaries and affiliates ( the “Company”, “Plaid Dog Recording”, “we”, “our” or “us” ). These terms govern the use of the website located at www.plaiddogrecording.com (the “Website”, “Site”), including all crowdfunding services provided through the Website, your use of interactive features, applications, content, downloads and/or other services that we own and control (each individually, a “Service” and collectively the “Services”).
These Terms apply to all users of the Website, including without limitation users who are browsers and/or contributors of content. Plaid Dog Recording may amend these Terms at any time by posting a revised version of the Terms at www.plaiddogrecording.com/terms . Access to or continued use of the Website or Services after the date the new Terms are posted at the foregoing location constitutes your acceptance of the new Terms.
SECTION 1 - ACCEPTANCE OF THESE TERMS
These Terms constitute a written agreement between you and us and they affect your legal rights and obligations. Each time you access and/or use the Website or any Service, you agree to be bound by and comply with these Terms, as last updated. Therefore, do not use this Website or any Service if you do not agree. In the event of an inconsistency between these Terms and any additional terms, agreements, or policies referenced herein, the provisions of the additional terms, agreements, or policies shall control.
SECTION 2 - ACCEPTANCE OF PRIVACY POLICY
By using the Website or any Service, you acknowledge and accept our Privacy Policy located at www.plaiddogrecording.com/privacy and consent to the collection and use of your data in accordance with the Privacy Policy.
SECTION 3 - GIFT BASED PLATFORM; NOT AN INVESTMENT PLATFORM
Plaid Dog Recording, through this Website, provides an online crowdfunding platform (the “Platform”) that allows music artists the opportunity to raise funds to cover their recording studio expenses. Using the Platform, music artists may launch a crowdfunding campaign (the “Campaign”) and are referred to as a campaign artist (a “Campaign Artist”). Once a Campaign is launched, individuals and entities visiting the Website (the “Users”) are able to gift money to the Campaign (the “Contributions”). Individuals or entities that gift money to a Campaign are referred to as supporters (the “Supporters”). Campaign Artists can offer gifts or rewards in the form of tangible items or intangible services (the "Rewards") to Supporters. Rewards are not offered for sale to Supporters, but are provided to Supporters as a gift to show thanks to Supporters for their Contributions to the Campaign. Campaign Artists assume all expenses to create and deliver Rewards to Supporters. Plaid Dog Recording does not represent that Campaign Artists will deliver Rewards to Supporters. Users and Supporters assume all risks in their use of the Platform.
The Platform is not an equity or investment based crowdfunding platform. Contributions made to Campaigns on the Platform are not investments. And neither the information nor any opinion expressed on or through any Service constitutes an offer by Plaid Dog Recording to buy or sell any securities or financial instruments or provide any investment advice or related services. None of the Plaid Dog Recording Services shall be construed as an offer to sell, or as a solicitation of an offer to purchase, any securities
SECTION 4 - NO FIDUCIARY CAPACITY
Plaid Dog Recording does not offer investment opportunities and has no fiduciary duty to any User or Campaign Artist. Plaid Dog Recording is not registered or licensed as a broker-dealer, funding portal, investment advisor or investment manager in any state, district, county, territory or municipality within the United States, or in any other country or territory. As such, it is not acting in a fiduciary capacity with respect to any user of the Plaid Dog Recording Services, and Plaid Dog Recording disclaims any broker-client or advisor-client relationship with respect to any party using any Service.
SECTION 5 - ADVICE DISCLAIMER
Plaid Dog Recording does not provide legal, accounting, investment or tax advice. Any representation or implication to the contrary is expressly disclaimed. You should consult your own legal, accounting and tax experts before using any Service or making any Contribution.
SECTION 6 - ELIGIBILITY TO USE THE WEBSITE AND/OR OTHER SERVICES
Users under the age of 18, or under the age of majority in their jurisdiction of residence, are not eligible, with or without the consent of a parent or legal guardian, to use the Website or Services or make a Contribution to a Campaign. By using this Website, you represent that you are fully able and competent to enter into the terms and conditions set forth in these Terms and other agreements relating to the use of the Plaid Dog Recording Services. Users who have their User Accounts suspended by Plaid Dog Recording are not eligible to use the Website or Services. Plaid Dog Recording expressly reserves the right to: 1) deny any individual or entity the right to use the Website or Services; and 2) cancel, remove or suspend any Campaign, Contribution, or Service. Plaid Dog Recording may exercise these rights at any time, for any reason, and without liability.
SECTION 7 - LEGAL COMPLIANCE; FALSE AND MISLEADING STATEMENTS
Campaign Artists are required to comply with all applicable laws and regulations in connection with their Campaigns. Campaign Artists shall not make any false or misleading statements in connection with their Campaigns. Additionally, no Campaign Reward will ever be in the form of a "security" (as such term is defined in the Securities Act of 1933), a financial incentive, anything that is prohibited by applicable law to possess or distribute, or anything that would result in infringement or violation of another person or entity’s rights if distributed.
SECTION 8 - WEBSITE GUIDELINES
Plaid Dog Recording operates a Website that provides music artists the opportunity to raise the necessary funding to be able to create and share their musical art with the world. As a condition of use of the Plaid Dog Recording Website and Services, you promise not to use the Website or any Service for any purpose that is prohibited by the Terms or applicable law. You are responsible for all of your activity in connection with your use of the Website or any Service. Additionally, as a condition of your use of the Plaid Dog Recording Website or Services:
You agree not to post any material that is obscene, lewd, lascivious, pornographic, contains nudity or visual depictions of sexual acts, excessively violent, harassing, or otherwise objectionable;
You agree not to post any materials that violate any copyrights, patents, trademarks, trade secrets, or any other intellectual property or other rights of others;
You agree not to post any materials that disparage any third-party or Plaid Dog Recording;
You agree not to post any materials that you know are false, fraudulent, misleading, or inaccurate or that misrepresents your identity or affiliation with a person or company;
You agree not to use the Website or any Service in any tortious or unlawful manner, including the posting of libelous, defamatory, scandalous, threatening, harassing or private information without the permission of the person(s) involved, or posting any material that is likely to cause emotional distress;
You agree not to post any materials that constitute unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;
You agree not to introduce on the Website or any Service any malicious software, viruses, worms, Trojan horses, or other harmful code that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of Plaid Dog Recording or any third party;
You agree that all inappropriate or illegal behavior is strictly prohibited;
You agree that all activities that interfere with or disrupt the proper working of the Services or any activities conducted on the Services is strictly prohibited.
You agree not to impersonate any person or entity, including any employee or representative of Plaid Dog Recording;
You agree not to circumvent any security-related feature of the Website or any Service, including those designed to limit copying or reproduction of the content; and
You agree that you shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Website or any Service, except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Website or any Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.
SECTION 9 - PUBLIC OR SEMI-PUBLIC FORUM
Please keep in mind that the Plaid Dog Recording Website and Services are public or semi-public and that any information you submit on or through the Website or Services may be accessible and viewable by other Users. Do not submit personally identifying information on community spaces and take care when disclosing this type of information to others.
SECTION 10 - CAMPAIGN CONTRIBUTIONS; DISPUTES BETWEEN CAMPAIGN ARTISTS AND SUPPORTERS
Supporters are solely responsible for investigating Campaign Artists and Campaigns prior to making a Contribution. All Contributions are made voluntarily and at the sole discretion and risk of the Supporter. Plaid Dog Recording does not guarantee that: (1) Contributions will be used as promised, (2) Supporters will receive Rewards, or (3) the Campaign will achieve its goals.
Campaign Artists have a legal obligation to make best efforts to provide Supporters with any Reward(s) offered to a Supporter. If, after best efforts, a Campaign Artist is unable to provide Supporter(s) with the offered Reward(s), Campaign Artist and Supporter(s) will use best efforts to reach a mutually satisfactory resolution. Supporter(s) should be aware that all Contributions made are gifts to Campaign Artists and any refunds issued by a Campaign Artist is done so on a voluntary basis. Supporters have no legal right to a refund of their Contributions, which shall be considered a gift. Plaid Dog Recording may, but is under no obligation to, become involved in disputes between Campaign Artists and Supporters.
SECTION 11 - NOT RESPONSIBLE FOR FEES RELATED TO CONTRIBUTIONS
Plaid Dog Recording is not responsible for, and does not reimburse, any insufficient funds fees, ACH fees, or other such fees related to any Contribution or other transaction carried out over the Website.
SECTION 12 - REGISTRATION OF USER ACCOUNTS; LICENSE TO USE SERVICES
You may view certain content on or through the Plaid Dog Recording Website without registering, but as a condition to using certain aspects of the Plaid Dog Recording Website, you may be required to register with Plaid Dog Recording and provide an e-mail address, password and other requested information. When registering up for a user account on the Platform (a “User Account”), you agree that all information submitted will be accurate and truthful. Plaid Dog Recording may request additional information from User and User will be required to provide requested information in order to create and access the User Account.
Plaid Dog Recording grants each User a limited, non-exclusive, non-transferable, revocable license to use the Website and Services subject to User’s compliance with the Terms.
SECTION 13 - UNAUTHORIZED ACCESS OF USER ACCOUNT
Users are prohibited from granting access to their User Account to any other individual or entity. Users are prohibited from accessing, with or without permission, any User Account that they did not create. If a User experiences an unauthorized access of their User Account, User is required to immediately notify Plaid Dog Recording of the unauthorized access.
SECTION 14 - USER CONTENT
Plaid Dog Recording may now or in the future offer Users of the Plaid Dog Recording Website or Services the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Plaid Dog Recording Services (collectively, “submit”) messages, materials, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, “User Submissions”). Plaid Dog Recording may allow you to do this through forums, blogs, message boards, contact us tools, email, and other communications functionality. Subject to the license you grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in your User Submissions and you remain ultimately responsible for it.
You grant to Plaid Dog Recording the unrestricted, unconditional, worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to (and to allow others acting on its behalf, its successors and assigns to): (i) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, and distribute, your User Submissions and your trademarks, service marks, slogans, logos, and similar proprietary rights in connection with: (a) the Plaid Dog Recording Services, (b) Plaid Dog Recording’s (and its successors’ and assigns’) businesses, (c) promoting, marketing, and redistributing part or all of the Plaid Dog Recording Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third-party websites); (ii) take whatever other action is required to perform and market the Plaid Dog Recording Services; (iii) allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Submissions and Trademarks in connection with the Plaid Dog Recording Services; and (iv) use and publish, and permit others to use and publish, the User Submissions, trademarks, names, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the Plaid Dog Recording Services. You understand that, in exercising such rights, metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this section.
You are publishing your User Submission, and you may be identified publicly by your name or username in association with your User Submission.
You grant to all other Users a non-exclusive license to access your User Submissions on or through the Plaid Dog Recording Services, and to use, modify, reproduce, distribute, and display such User Submissions solely for personal, non-commercial use.
You further agree that your User Submissions will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Plaid Dog Recording all of the license rights granted herein.
You will pay all royalties and other amounts owed to any person or entity based on your submitting User Submissions on or through the Plaid Dog Recording Services or Plaid Dog Recording’s publishing or hosting of the User Submissions as contemplated by these Terms.
You represent and warrant that the use or other exploitation of User Submissions by Plaid Dog Recording and Users as contemplated by these Terms will not infringe or violate the rights of any third party, including, without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
Plaid Dog Recording shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Submissions.
All information publicly posted or privately transmitted on or through the Plaid Dog Recording Services is the sole responsibility of the person from whom that information originated.
Plaid Dog Recording will not be liable for any errors or omissions in any content.
Plaid Dog Recording cannot guarantee the identity of any other Users with whom you may interact while using the Plaid Dog Recording Website or Services.
All content you access on or through the Plaid Dog Recording Website or Services is at your own risk and you will be solely responsible for any resulting damage or loss to any party.
Users are solely responsible for registering and enforcing their intellectual property rights.
Plaid Dog Recording will remove infringing materials in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that a User Submission infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Plaid Dog Recording’s Copyright Agent in writing. Please send notice of alleged copyright infringement to: studio@plaiddogrecording.com
SECTION 15 - THIRD-PARTY MATERIALS AND LINKS; LINKS TO PLAID DOG RECORDING
Certain content available via our Website may include materials from third-parties.
Third-party links on this Website may direct you to third-party sites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or sites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party sites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 16 - INDEMNIFICATION
By using and/or accessing the Plaid Dog Recording Website or Services, and by consenting to these Terms, you agree to defend, indemnify, and hold harmless Plaid Dog Recording, its affiliates and subsidiaries, and each of its their respective directors, officers, employees, shareholders, managers, agents, vendors, licensors, licensees, contractors, partners and suppliers, and successors and assigns from and against any and all liabilities, lawsuits, actions, claims, damages, losses, costs, investigations, judgments, fines, penalties, settlements, and expenses, including reasonable attorneys’ fees, that directly or indirectly arise from or are related to: (i) any transaction or information posted or otherwise associated with you, your Company or your User Account on the Plaid Dog Recording Website or Services, (ii) your User Submissions; (iii) your use of the Plaid Dog Recording Website or Services and your activities in connection with the Plaid Dog Recording Website or Services; (iv) your breach or alleged breach of these Terms; (v) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Plaid Dog Recording Website or Services or your activities in connection with the Plaid Dog Recording Website or Services; (vi) information or material transmitted through from your devices, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vii) any misrepresentation made by you; and (viii) Plaid Dog Recording’s use of the information that you submit to us (collectively, “Claims and Losses”). Plaid Dog Recording reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Plaid Dog Recording in asserting any available defenses. Notwithstanding the foregoing, Plaid Dog Recording retains the exclusive right to settle, compromise, and pay any and all Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of Plaid Dog Recording.
SECTION 17 - LIMITATION OF LIABILITY
In no case shall Plaid Dog Recording, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Website or any Services, or for any other claim related in any way to your use of the Website or any Services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Website or any Service posted, transmitted, or otherwise made available via the Website, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Users understand and expressly agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
SECTION 18 - WARRANTY DISCLAIMER
To the fullest extent permissible by law, the Plaid Dog Recording Services are provided “AS IS” and WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM THE USE OF THE PLAID DOG RECORDING SERVICES, THE CONTENT OR USER SUBMISSIONS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PLAID DOG RECORDING WEBSITE OR SERVICES, THE CONTENT AND USER SUBMISSIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PLAID DOG RECORDING AND ITS AFFILIATES AND EACH OF ITS AFFILIATES’ DIRECTORS, EMPLOYEES, MANAGERS, AGENTS, CONTRACTORS, PARTNERS, SUPPLIERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE PLAID DOG RECORDING WEBSITE OR SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE WEBSITE OR ANY SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE WEBSITE OR ANY SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE PLAID DOG RECORDING WEBSITE OR SERVICES IS SOLELY AT YOUR OWN RISK. SOME STATES OR COUNTRIES DO NOT ALLOW LIMITATIONS ON DURATIONS OF IMPLIED WARRANTY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Electronic Communications Privacy Act Notice (18 U.S.C. §§ 2701-2711): PLAID DOG RECORDING MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON ANY PLAID DOG RECORDING WEBSITE OR SERVICE OR ANY WEBSITE LINKED TO ANY PLAID DOG RECORDING WEBSITE OR SERVICE. Plaid Dog Recording will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Plaid Dog Recording’s equipment, transmitted over networks accessed by any Service, or otherwise connected with your use of any Service.
SECTION 19 - TERMINATION
Plaid Dog Recording may terminate your access to the Plaid Dog Recording Website or Services, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. You agree that in the event of such a termination, Plaid Dog Recording shall not be responsible for any losses or damages. All provisions of the Terms that by their nature should survive termination shall survive termination.
SECTION 20 - GOVERNING LAW
These Terms will be governed by and construed in accordance with, and any dispute and will be resolved in accordance with the laws of the State of Massachusetts, without regard to its conflicts of law provisions.
SECTION 21 - ARBITRATION; CONSENT TO PERSONAL JURISDICTION
Any dispute, controversy or claim arising from, out of or in connection with, or relating to, the Terms, or any breach or alleged breach of the Terms, except allegations of violations of Federal or State securities laws, will upon the request of any Party involved be submitted to any private arbitration service in the State of Massachusetts. The dispute once submitted shall be settled by binding arbitration conducted in the State of Massachusetts (or at any other place or under any other form of arbitration mutually acceptable to parties involved), provided, however, that in the event of any such controversy or claim, (i) neither party will initiate arbitration within the first thirty (30) days after the aggrieved party first notifies the other party of the controversy or claim and (ii) during such thirty (30) day period, the parties endeavor in good faith to amicably resolve the controversy or claim. A single arbitrator shall follow and apply the federal rules of evidence and the applicable local federal rules governing discovery in the arbitration. Any award rendered shall be final, binding and conclusive upon the parties and shall be non-appealable, and a judgment thereon may be entered in the highest State or Federal court of the forum, having jurisdiction. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the cost of its own experts, evidence and attorneys’ fees, except that in the discretion of the arbitrator, any award may include the costs, fees and expenses of a party’s attorneys.
YOU EXPRESSLY CONSENT TO THE PERSONAL JURISDICTION OF THE ARBITRATION FORUM AND THE STATE AND FEDERAL COURTS OF MASSACHUSETTS, WHICH SHALL BE THE EXCLUSIVE JURISDICTION AND VENUE OF SUCH LEGAL PROCEEDINGS.
SECTION 22 - NOTICE POLICY – CONSENT
By using the Website or any Service, you consent to receive from Plaid Dog Recording all communications including but not limited to notices, legally required disclosures, or other information in connection with the Plaid Dog Recording Website or Services (the, “Notices”) electronically. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of the Plaid Dog Recording Website and Services.
You agree that Plaid Dog Recording may send communications to you via your mailing address, email, telephone or facsimile number provided by you in your User Account. You agree to notify us of any changes in your address or contact details. Communications shall be deemed delivered to you when sent and not when received.
SECTION 23 - WAIVER; ENTIRE AGREEMENT; SEVERABILITY
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms, and any other policies or agreements referenced herein, constitute the entire agreement and understanding between you and us and govern your use of the Website and Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 24 - CHANGES TO TERMS
You can review the most current version of the Terms at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site following the posting of any changes to these Terms constitutes acceptance of those changes.
SECTION 25 - EFFECT OF HEADINGS
The headings used in these Terms are included for convenience and shall not affect the meaning of the Terms.
SECTION 26 - FOREIGN ACCESS OF SITE
The Website is controlled, operated and administered by Plaid Dog Recording from our offices within the USA. If you access the Website from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Plaid Dog Recording’s content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
SECTION 27 – CONTACT INFORMATION
Questions about the Terms should be sent to us at studio@plaiddogrecording.com.
SECTION 28 – GOVERNMENT REQUESTS
In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including and without limitation, your information, IP address, and usage history. Our right to disclose any such information is governed by the terms of our Privacy Policy.
SECTION 29 - COPYRIGHT AND TRADEMARK NOTICE
The Website and its contents Copyright (c) 2019 MIKE DAVIDSON RECORDING, INC. D/B/A PLAID DOG RECORDING, all rights reserved.
SECTION 30 - COLLABORATIVE ARTIST, STUDIO, AND FUNDRAISING AGREEMENT
In addition to the Terms, Campaign Artists are subject to a separate Collaborative Artist, Studio, and Fundraising Agreement, which is hereby incorporated by reference.