Recs grants you a limited license to view, download, and use a single copy of the Website solely as an aid to using the Services, conditioned upon compliance with the Terms. Except as provided herein, you are not permitted to download (other than page caching) or change any portion of the Services, unless you have our express written consent.
The Services that Recs provides are always evolving and the form and nature of the Services (or any features within the Services) may change from time to time or be suspended (permanently or temporarily) without prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
Account Registration. Certain functions of the Services may require account registration. In order to create a Recs account (“Account”), you must provide us with certain information about yourself as prompted by the account registration form.
Account Profile. If you register or provide information to us in any manner, you agree to (i) provide only true, accurate, current and complete information, and (ii) maintain and promptly update your Account as necessary to keep it current and complete.
Account Security and Record Keeping. You are responsible for maintaining the security of your Account, and you are fully responsible for all activities and actions that occur in connection with the Account. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions taken using your Account. You must immediately notify us of any unauthorized uses of your Account or any other breaches of security. Recs will not be liable for any loss or damage from your failure to maintain the security of your Account. If you delete your Account, we may still need to retain certain information for record keeping, administrative, legal and technical purposes, and there may also be residual information that will remain within our databases and other records, which will not be removed or changed.
The Services allow users to create or upload existing content that may be publicly posted or privately transmitted to other users (“User Content”). Each user is solely responsible for the User Content that they create or post and may be held legally liable or accountable for the content of their comments or other material or information. User Content, in addition to the other restrictions set forth herein:
Recs does not endorse, guarantee or make any representations regarding User Content, including the completeness, truthfulness, accuracy, or reliability of such User Content. Any use or reliance on any User Content is at your own risk, and under no circumstances will Recs be liable in any way for any User Content, including, but not limited to, any errors or omissions in the User Content, or any losses or damage of any kind incurred as a result of the reliance upon any User Content.
Restrictions on Use of the Services. You may not collect or use any portion of the Content or Services in any derivative way, or download, or copy information or other matter for use of any other party without our permission. The information displayed on the Services may not be used for any purpose except in connection with your direct use of the Services as permitted by these Terms, and may not be excerpted, summarized, duplicated or otherwise removed from the Services except with our explicit, written permission. In addition, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Services for any purpose or in any manner that is prohibited by these Terms or by applicable law.
No Interference with the Services. You may not interfere with the proper operation of the Services including, but not limited to, by attacking, hacking into, or otherwise attempting to penetrate any non-publicly accessible elements of the Services or its servers or network, through the use of bots, Trojan Horses, viruses, DNS attacks, or other technology which is designed or intended to interfere with the proper operation of the Services or the use of the Services by any users. You agree that you will not circumvent or attempt to circumvent any security or access control technology implemented on the Services, or the servers and network associated with the Services. You may not gather information and data on the Services from mining, robots or other extraction tools. Any unauthorized use terminates the permission or license granted by Recs, in addition to all rights at law or in equity. In addition, you specifically agree not to use the Services to do any of the following:
Monitoring Of Information. We do not assume any obligation to review or monitor the User Content or other information submitted to the Services by users or other third-parties. You assume the risk of verifying the accuracy of such information posted through independent investigation. Notwithstanding the foregoing, we may, at our discretion, review information submitted to the Services for any purpose whatsoever and we reserve the right, in our sole discretion, to remove, edit or reject any information submitted to the Services for any reason whatsoever.
Cooperation. We reserve the right to cooperate with any law enforcement authorities or court orders requesting or directing us to disclose the identity of anyone believed to be violating the Terms or applicable law. You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we may unilaterally choose to comply with such subpoenas without your consent or prior notice to you and may disclose your IP address and location, personally identifiable information or any other requested information in response thereto. You agree to waive and indemnify and hold us harmless from and against any and all claims whatsoever resulting from, or in connection with, any action by us regarding any investigations either by us or law enforcement authorities.
Modification. We reserve the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice to you. You agree that we will not be liable to you or to any third-party for any modification, suspension, or discontinuation of the Services or any part thereof. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Services.
Recs owns any and all intellectual property rights relating to the Recs brands, trade names, trade dress, and other content including: copyright, trademark, service mark, proprietary logos, insignia, business identifier, and/or other text and graphics that has or provides the “look and feel” of the Recs brand images, as well as the Content of the Services, including the text, graphics, programming, photographs, video and audio contained herein (the “Intellectual Property”). Your use of the Services does not grant you any rights or licenses relating to the Intellectual Property, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein, except as expressly provided for in these Terms. None of the Intellectual Property may be used, reproduced, published, transmitted, distributed, displayed, performed, exhibited, modified, used to create derivative works, sold, re-sold or used in any sale, or exploited for in any way, in whole or in part, except as provided for herein and unless you obtain our prior written consent. You may not reproduce, modify, display, sell, or distribute the Intellectual Property, or use it in any other way for public or commercial purpose.
All other Content, including User Content, service names, trademarks, service marks and other intellectual property, is the property of their respective owners, as indicated, and may only be used as permitted. You retain your rights to any Content you submit, post or display on or through the Services. By using the Services, you hereby grant us a worldwide, non-exclusive, royalty-free, fully-paid irrevocable right and license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, prepare derivative works of, incorporate into other works, distribute, sublicense, and otherwise use and exploit such User Content, as well as your name, logo and trademarks (if any), likeness, and other identifying features or marks in any and all media or distribution methods (now known or later developed), whether or not for commercial purposes. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
We will respond to claims of copyright infringement, and will promptly process and investigate notices of alleged infringement by third-parties and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”), Title 17, United States Code, Section 512(c)(2), where applicable. In keeping with the DMCA, notifications of claimed copyright infringement by third-parties should be sent to the designated agent noted below (the “Designated Agent”). If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on the Services, please notify us by contacting the Designated Agent.
In order to give effective notification of a claim of copyright infringement by a third-party under the DMCA, you must send a written communication to the Designated Agent that includes substantially the following: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work, or, if multiple copyrighted works are covered by a single notification, a representative list of such works on the Services, that are claimed to have been infringed; (3) 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 us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that neither the copyright owner, nor its agent nor the law has authorized the use of the material in the manner complained of; and (6) 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 designated Copyright Agent for Company is:
Laura E. Becker
Address of Agent: 348 Baltic Street, Suite 4, Brooklyn, NY 11201
Telephone: (323) 432-0044
If a valid notification of alleged copyright infringement is received, we will remove or disable access to the material identified in the notice as being infringing or as being the subject of infringing activity, and take reasonable steps to notify the alleged infringer that it has removed or disabled access to this material. Please note that, under the DMCA, a claimant who makes a misrepresentation concerning copyright infringement may be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer who is injured by such misrepresentation as a result of reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or ceasing to disable access to it.
Use of the Services is a privilege. Users who violate these Terms may be denied access to the Services, and we reserve the right to suspend your use of the Services for any reason at any time, in our sole discretion. The Services and its Contents are not intended for the use of children under the age of 18. Children under the age of 18 may not use, or submit any information to, the Services.
Any information that you provide to Recs is subject to our Privacy Notice, which governs our collection and use of information. If you choose to provide any personal information via the Services, you hereby consent to the collection and use of information as set forth in the Privacy Notice. Additionally, we may collect or share certain information based on your usage of the Services, as described in our Privacy Notice.
By registering to use the Services, you grant us permission to send emails, offers, promotions and other marketing material to you via email. You may unsubscribe from such communications at any time. As part of providing you the Services, we may need to provide you with certain transactional communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Recs account, and you may not be able to opt-out from receiving these messages.
In order to facilitate communications between you and Recs, the Services offers you the ability to contact us and other users of the Services. Although we strive to protect and secure our online communications, and use the security measures detailed in our Privacy Notice to protect your information, please note that no data transmitted over the Internet can be guaranteed to be completely secure and no security measures are perfect or impenetrable. Recs shall have no liability whatsoever for any unaccepted or unprocessed email instructions or requests, or for any loss or damage arising from or in connection with any unauthorized use by third-parties of any information that you send by email or the Services. If you would like to transmit sensitive information to us, please contact us to arrange a more secure means of communication.
Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to access the Services. Your use of the Services, and our obligations and liabilities with respect to your use of the Services, is expressly limited as follows:
DISCLAIMER OF WARRANTIES. THE SERVICES AND THEIR CONTENT, INCLUDING ALL USER CONTENT, IS PROVIDED “AS IS” AND “AS AVAILABLE”, AND WITHOUT ANY WARRANTY WHATSOEVER. WE DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. YOUR USE OF THE SERVICES AND THE CONTENTS IS AT YOUR OWN RISK.
RECS DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR-FREE. YOU AND NOT RECS ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT THAT THERE IS ANY LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH THE USE OF THE SERVICES OR The CONTENT. RECS DOES NOT WARRANT OR MAKE ANY REPRESENTATION WHATSOEVER REGARDING THE USE, OR THE RESULT OF USE, OF THE CONTENT OF THE SERVICES RELATED TO ACCURACY, RELIABILITY OR OTHERWISE. THE CONTENT OF THE SERVICES MAY INCLUDE ERRORS (INCLUDING, WITHOUT LIMITATION, TECHNICAL OR TYPOGRAPHICAL ERRORS), AND RECS MAY MAKE CHANGES OR IMPROVEMENTS TO THE SERVICES AT ANY TIME WITH OR WITHOUT NOTICE.
NEITHER RECS NOR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH THE DESIGN OR MAINTENANCE OF THE SERVICES SHALL BE HELD LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY DAMAGE, LOSS, INJURY, OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THE SERVICES.
LIMITATION OF LIABILITY. IN NO EVENT SHALL RECS AND/OR ITS SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD-PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR SPECIAL DAMAGES, (INCLUDING LOST PROFITS AND DAMAGES) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RECS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS PARAGRAPH MAY NOT APPLY TO YOU. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF RECS TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE TOTAL AMOUNT THAT YOU HAVE PAID RECS FOR PROVISION OF THE SERVICES, OR ONE HUNDRED UNITED STATES DOLLARS ($100.00), WHICHEVER IS GREATER.
Release and Indemnification. You, on behalf of your successors, assigns, heirs, and personal representatives hereby irrevocably and fully release Recs, and its subsidiaries, affiliates and each of their officers, directors, employees, assigns, agents and representatives from and against any and all suits, claims, actions, causes of action, arbitration, liabilities, obligations, damages, losses, penalties or fines known or unknown, arising out of or in connection with, whether directly or indirectly, the Services (including any interactions with, or act or omission of, other Recs users or any Third-Party Links & Ads. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “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.”
You hereby agree to indemnify and hold us harmless from and against any and all liability, claims, causes of action, demands, damages, costs and expenses, including attorneys’ fees and costs of suit, arising out of your breach of these Terms.
Entire Agreement. These Terms, together with the Privacy Notice, constitute the entire agreement between you and Recs governing your use of the Services, superseding any prior agreements between you and Recs with respect to the subject matter hereof.
Waiver and Severability. The failure of Recs to enforce any right or provisions in the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, it shall not affect any other provision of the Terms, and the Terms shall be construed without regard to the invalid, illegal, or unenforceable provision.
Third-Party Links & Ads. The Services may contain links to third-party websites and services, and/or display advertisements for third-parties (collectively, “Third-Party Links & Ads”). Recs does not control, and is not responsible for, any Third-Party Links & Ads, and their presence on the Services shall not be considered an endorsement, guarantee, representation or warranty, either express or implied, by us on behalf of any third-party. We shall have no liability or responsibility whatsoever for the content, subject matter or substance of any information accessed or obtained from Third-Party Links & Ads. When you click on any of the Third-Party Links & Ads, (1) you do so at your own risk; (2) you should apply a suitable level of caution and discretion in doing so; and (3) the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
Affiliate Relationship Disclosure. Recs may accept, and Third-Party Links & Ads may include, advertising, sponsorships, paid insertions, sponsored content, and other forms of compensation. Recs may also receive a commission if you purchase a product or service after clicking on a link through the Services. We will provide clear and conspicuous disclosures of advertising and paid or sponsored content, as well as all affiliate links from which we receive compensation.
Viruses and Transmission of Sensitive Information. Recs cannot and does not guarantee or warrant that the materials contained on the Services will be free of viruses, worms or other code or related hazards that may have destructive properties (collectively “viruses”). It is your responsibility to ensure that you have sufficient procedures, firewalls, checkpoints, and safeguards within your computer system to satisfy your particular requirements to protect against viruses.
Choice of Law; Jurisdiction; Venue. Your use of the Services and any dispute arising out of or in connection with the Services shall be governed by the laws of the State of New York without giving effect to any conflict of laws provisions. By accessing the Services, you agree that any action or proceeding arising out of or in connection with the Services shall be brought solely in a court of competent jurisdiction sitting in the State of New York and located in the county of New York. You agree to submit to the personal jurisdiction of the courts located in New York County. You hereby waive any defense of an inconvenient forum to the maintenance of any action or proceeding in other courts and any objection to venue with respect to such proceeding.
Export. The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Recs, or any products utilizing such data, in violation of the United States export laws or regulations.
Miscellaneous. We do not represent that materials on the Services are appropriate or available for use in your location. Persons who choose to access the Services do so on their own initiative and at their own risk, and are responsible for compliance with local laws. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or any purchase made on the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred or be forever barred, waived, and released.