TERMS OF USE

 

PLEASE READ THIS TERM OF USE
AGREEMENT CAREFULLY BEFORE USING THIS SITE. This Terms of Use Agreement (the
“Agreement”) states the terms and conditions under which you may use
www.crookylnclan.net (the “Site”). This Agreement is legally binding made by and
between the Crooklyn Clan, Inc. (“Crooklyn,” “we,” “us”), a privately held
corporation, existing under the laws of the State of New York, and you. By
accessing, browsing and/or using the Site, you acknowledge that you have read,
understood, and agreed to the following Agreement. If you do not accept this
Agreement, do not access or use the Site.

 

By entering and/or subscribing to the
Site as a member you certify that you either:

 

1.     That
you are entering and accessing this Site solely in your capacity as an entertainment
industry professional who’s profession is disc jockeying (producing, promoting
and any other activities customarily performed by such a disc jockey) and you
agree to use the site solely for those purposes;

 

2.     You
are at least 13 years of age; and

 

3.     If
you are under eighteen (18) years of age your parent's or legal guardians have
provided their express consent for you to access the Site and be bound by all
of the terms and conditions contained therein.

 

PRIVACY

Our Privacy Policy governs what information
we collect from you, how we use the information, and with whom we share that
information. We have the right to collect, share and use your information in
accordance with our Privacy Policy,
which is incorporated by reference in these Terms.

 

ACCOUNT REGISTRATION AND SECURITY

If you decide to register as a member
of a Site, you may receive or establish one or more user names, passwords and
accounts. In consideration of use of your registration, you will: (a) provide
true, accurate, current and complete information about yourself as prompted by
the applicable registration form (such information being the “Registration
Data”) and (b) maintain and promptly update the Registration Data to keep it
true, accurate, current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, or Crooklyn has grounds to
suspect that such information is untrue, inaccurate, not current or incomplete,
Crooklyn has the right to suspend or terminate your account and refuse any and all
current or future use of the Site (or any portion thereof). You are entirely
responsible for the security and confidentiality of your password and account.
Furthermore, you are entirely responsible for any and all activities that occur
under your account. You agree to immediately notify us of any unauthorized use
of your account or any other breach of security of which you become aware. You
are responsible for taking precautions and providing security measures best
suited for your situation and intended use of the registration and Sites. We
have the right to provide user billing, account, content or user records, and
related information under certain circumstances (such as in response to legal
responsibility, lawful process, orders, subpoenas, or warrants, or to protect
our rights, customers or business) to third parties.

 

GENERAL PRACTICE AND LIMITS

You acknowledge that Crooklyn may
establish general practices and limits concerning use of the Site, including
without limitation, the maximum throughput of traffic from the Internet or
associated service (e.g., Usenet, email, web hosting), and the maximum number
of times (and the maximum duration for which) you may access the Site in a
given period of time. You agree that Crooklyn has no responsibility or liability
for the deletion of, for failure to store or to deliver any messages and other
communications, for the modification or malformation of data communications
over the Site, or for other content maintained or transmitted by the Site.

 

RESTRICTIONS ON USE

The information and materials
provided on or through the Site, including any data, text, designs, graphics,
images, photographs, illustrations, audio and video clips, logos, icons and
links (collectively, the "Materials"), are solely intended for the
Member’s use in connection with the Site. Although Crooklyn strives to provide
Materials that are both useful and accurate, the nature of the data and other
information contained on the Site is subject to frequent change. In addition,
the facts and circumstances of every situation differ. Accordingly, although
Crooklyn endeavors to use reasonable care in assembling the Materials, the
Materials may not be up-to-date, accurate or complete. Accordingly, we reserve
the right to:

 

-      
Change the terms and conditions of this
Agreement; or

-      
Change the Site, including
eliminating or discontinuing any content on or feature of the Site, moreover,
portions of the Materials have been contributed to the Site by various artists
and other persons. The inclusion of such information does not indicate any
approval or endorsement thereof, and Crooklyn expressly disclaims any liability
with respect to the foregoing.

 

Subject to your compliance with the
terms of use, you may access Materials in accordance with your individual
subscription service in connection with the Site.  You may not engage in any unauthorized use,
copying, or distribution of any of the Materials other than as set forth in
this agreement. You may not alter or modify the Materials access from this
site. Modification of the Materials for any purpose is a violation of our
copyright and other proprietary rights, and is strictly prohibited.

 

CODE OF CONDUCT

You agree to respect the rights of
others and exercise good judgment in using the Site. You agree that you will
not:

 

              
i.        
Restrict or inhibit any other visitor
from using the Site, including, without limitation, by means of
"hacking" or defacing any portion of the Site;

             
ii.        
Use the Site or Materials for any
unauthorized or unlawful purpose; 

           
iii.        
Impersonate any person or entity or
misrepresent your affiliation with a person or entity;

           
iv.        
Solicit personal information from,
harm or attempt to harm any person, in any way;

             
v.        
Express or imply that any statements
you make are endorsed by us, without our prior written consent;

           
vi.        
Transmit (a) any content or
information that is unlawful, fraudulent, threatening, abusive, libelous,
defamatory, obscene or otherwise objectionable, or infringes our or any third
party's intellectual property or any other rights; (b) any material, non-public
information about companies without the authorization to do so; (c) any trade
secret of any third party; or (d) any advertisements, solicitations, chain
letters, pyramid schemes, investment opportunities or other unsolicited
commercial communication (except as otherwise expressly permitted by us) in
writing;

          
vii.        
Engage in spamming or flooding;

        
viii.        
Transmit any software or other
materials that contain any viruses, worms, Trojan horses, defects, date bombs,
time bombs or other items of a destructive nature;

           
ix.        
Modify, adapt, sub-license,
translate, sell, reverse engineer, decompile or disassemble any portion of the
Site;

             
x.        
Remove any copyright, trademark or
other proprietary rights notices contained in the Site;

           
xi.        
"Frame" or
"mirror" any part of the Site without our prior written
authorization;

          
xii.        
Use any robot, spider, offline
reader, site search/retrieval application or other manual or automatic device
or process to retrieve, index, "data mine" or in any way reproduce or
circumvent the navigational structure or presentation of the Site or its
contents without our prior written consent. Notwithstanding the foregoing,
Crooklyn grants the operators of public search engines permission to use
spiders to copy materials from the site for the sole purpose of and solely to
the extent necessary for creating publicly available searchable indices of the
materials, but not caches or archives of such materials. We reserve the right
to revoke these exceptions generally or in specific cases;

        
xiii.        
Harvest or collect information about
Site visitors;

        
xiv.        
Take any action that imposes an
unreasonable or disproportionately large load on our infrastructure; or

          
xv.        
Violate any applicable local, state,
national or international law, rule or regulation, including, without
limitation, regulations promulgated by the U.S. Securities and Exchange
Commission or any rules of any other national securities exchange.

 

MINORS

We understand the importance of
taking extra precautions to protect the privacy and safety of children using
Crooklyn products and services. Children under the age of 13, or equivalent
minimum age in the relevant jurisdiction, are not permitted to create their own
Crooklyn identifications.

 

If we learn that we have collected
the personal information of a child under 13, or equivalent minimum age
depending on jurisdiction, outside the above circumstances we will take steps
to delete the information as soon as possible.

 

LINKS

The Site may contain links to other
Internet websites, including affiliated websites which may or may not be owned
or operated by Crooklyn. We have not reviewed all of the websites that may be
linked to the Site, and Crooklyn has no control over such sites. Unless
otherwise explicitly stated, Crooklyn is not responsible for the content of
such websites, any updates or changes to such sites, or the privacy or other
practices of such sites, and the fact that we may offer such links does not
indicate any approval or endorsement of any material contained on any linked
site. Such links may be provided to you only as a convenience. Accordingly, we
strongly encourage you to become familiar with the terms of use and practices
of any linked site. Further, it is up to you to take precautions to ensure that
whatever links you select or software you download (whether from the Site or
other sites) is free of such items as viruses, worms, Trojan horses, defects,
date bombs, time bombs and other items of a destructive nature.

 

PAYMENT PROCESSOR

Crooklyn uses a third party payment
processor (the “Payment Processor”) to bill Members through a payment account linked
to your Account. The processing of payments will be subject to the terms,
conditions and privacy policies of the Payment Processor, in addition to this
Agreement. Our current Payment Processor is PayPal, Inc, and member
payments are processed by PayPal, Inc. in accordance with PayPal, Inc.’s Terms of Service and Privacy Policy. Crooklyn does not control and is
not liable for the security or performance of the Payment Processor. Member
agrees to pay us, through the Payment Processor, all charges at the prices then
in effect for any purchase in accordance with the applicable payment terms. Member
agrees to make payment using the payment method member provides with members account.


 

Crooklyn reserves the right to
correct, or to instruct our Payment Processor to correct, any errors or
mistakes, even if payment has already been requested or received.

 

OWNERSHIP 

The Site, including all Site
software, databases, proprietary information and Materials (and any
intellectual property and other rights relating thereto) including, without
limitation, the selection, sequence and "look and feel" and
arrangement of items, logos and trademarks is owned and operated by Crooklyn in
conjunction with others pursuant to contractual arrangements, and will remain
the property of Crooklyn and its licensors and suppliers (as applicable). The
Site is protected by U.S. and international copyright, trademark and other
laws, and you acknowledge that these rights are valid and enforceable. You
further acknowledge that you do not acquire any ownership rights by accessing
the Site or the Materials.

 

 

CLAIMS OF COPYRIGHT INFRINGEMENT

 

We respect the intellectual property
rights of others, and we ask our users to do the same. The Digital Millennium
Copyright Act of 1998 (the "DMCA") provides recourse for copyright
owners who believe that material appearing on the Internet infringes their
rights under U.S. copyright law. If you believe in good faith that materials
hosted by Crooklyn infringe your copyright, you (or your agent) may send us a
notice requesting that the material be removed, or access to it blocked.

 

The notice must include the following
information:

              
i.        
(i) A physical or electronic
signature of a person authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed;

 

             
ii.        
(ii) Identification of the
copyrighted work claimed to have been infringed (or if multiple copyrighted
works located on the Site are covered by a single notification, a
representative list of such works);

 

           
iii.        
(iii) Identification of the material
that is claimed to be infringing or the subject of infringing activity, and
information reasonably sufficient to allow Crooklyn to locate the material on
the Site;

 

           
iv.        
 (iv) The name, address, telephone number and
email address (if available) of the complaining party;

 

             
v.        
 (v) A 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

 

           
vi.        
(vi) 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. Additionally, if you believe in good faith
that a notice of copyright infringement has been wrongly filed by Crooklyn
against you, the DMCA permits you to send Crooklyn a counter-notice.

 

Notices and counter-notices must meet
the then-current statutory requirements imposed by the DMCA; see
http://www.loc.gov/copyright/ for details. Notices and counter-notices with
respect to the Site should be sent to:

 

Crooklyn Clan Inc.

91 Broadhollow Road

 Melville, New York 11747

 

We suggest that you consult your
legal advisor before filing a notice or counter-notice. Also, be aware that
there can be penalties for false claims under the DMCA.

 

TRADEMARKS

The trademarks, logos, and/or service
marks displayed on the Site (collectively the "Trademark(s)") are the
registered and unregistered trademarks of Crooklyn, Crooklyn’s licensors and
suppliers (as applicable). The Trademarks owned by Crooklyn, whether registered
or unregistered, may not be used in connection with any service that is not
offered by Crooklyn, in any manner or medium that is likely to cause confusion,
or in any manner that disparages Crooklyn, its affiliates, officers, licensors,
suppliers, advertisers, sponsors, agents, nor their respective founders,
owners, shareholders, executives, directors, officers, employees’ partners,
consultants, agents or other representatives. Nothing contained on the Site
should be construed as granting, by implication, estoppel or otherwise, any
license or right to use any Trademark without the express written permission of
Crooklyn, Crooklyn’s licensors or suppliers, or the third party owner of any
such Trademark (as applicable). Misuse of any Trademark is prohibited, and
Crooklyn will aggressively enforce its intellectual property rights in such
Trademarks, including via civil and criminal proceedings.

 

MODIFICATION, SUSPENSION AND TERMINATION

We reserve the right at any time to
suspend, modify or discontinue, temporarily or permanently, any portion of the
Site with or without cause and with or without prior notice. You agree that we
will not be liable to you or to any third party for any suspension,
modification or discontinuance. Any violation by you of this Agreement may
result in corrective action by us, in our sole discretion, including
disconnection or discontinuance of your participation, or termination of this
Agreement.

 

DISCLAIMERS

THE SITE, THE
MATERIALS ON THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE IS
PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
CROOKLYN, ITS AFFILIATES, OFFICERS, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS
AGENTS, CONSULTANTS, PARTNERS, EMPLOYEES, EMPLOYEES’ PARTNERS, DIRECTORS,
SHAREHOLDERS, EXECUTIVES, AND RESPECTIVE FOUNDERS DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE MATERIALS, AND ANY PRODUCT OR
SERVICE OBTAINED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED
WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS
FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF
DEALING, COURSE OF  PERFORMANCE OR USAGE
OF TRADE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO
THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

 

Crooklyn, our affiliates, licensors,
suppliers, advertisers, sponsors and agents do not warrant that your use of the
Site will be uninterrupted, error-free or secure, that defects will be
corrected, or that the Site, the server(s) on which the Site is hosted is free
of viruses or other harmful components. You acknowledge that you are responsible
for obtaining and maintaining all telephone, computer hardware and other
equipment needed to access and use the Site, and all charges related thereto.

 

You assume all responsibility and
risks for your use of the Site and your reliance thereon. No opinion, advice or
statement of Crooklyn or its affiliates, officers, licensors, suppliers,
advertisers, sponsors, agents, members or visitors, nor their respective
founders, owners, shareholders, executives, directors, officers, employees’
partners, consultants, agents or other representatives whether made on the Site
or otherwise, shall create any warranty. We do not warrant, endorse, guarantee,
or assume responsibility for any product or service advertised or offered
through the Site or any hyperlinked site, or featured in any banner or other
advertising, and Crookyln will not be a party to or in any way monitor any
transaction between you and third-party providers of products or services. As
with the purchase or use of a product or service through any medium or in any
environment, you should use your best judgment and exercise caution where
appropriate. Your use of the Site and any Materials provided through the Site
are entirely at your own risk.

 

The Site and Materials may include
inaccuracies or errors, or information or materials that violate this Agreement
(specifically, the Code of Conduct above). Additionally, unauthorized
alterations could be made by third parties to the Site, Materials or Forums.
Although we attempt to ensure the integrity of the Site, we make no guarantees
as to the Site's completeness or correctness. In the event that a situation
arises in which the Site's completeness or correctness is in question, please
contact us at store@crooklynclan.net with, if possible, a description of the material
to be checked and the location (URL) where such material can be found on the
Site, as well as information sufficient to enable us to contact you. We will
try to address your concerns as soon as reasonably practicable.

 

LIMITATION OF LIABILITY

Neither Crooklyn nor any of its
affiliates, licensors, suppliers, advertisers or sponsors, nor their respective
founders, owners, shareholders, executives, directors, officers, employees’
partners, consultants, agents or other representatives are or will be responsible
or liable to you or to any third party for any indirect, incidental,
consequential, special, exemplary, punitive or other damages (including,
without limitation, damages for loss of business, loss of data or lost
profits), under any contract, negligence, strict liability or other theory
arising out of or relating in any way to the Site and/or Materials contained on
the Site, any linked site or any product or service purchased through the Site.


 

INDEMNIFICATION

You agree to indemnify, defend and hold
the Site, Crooklyn and each of their founders, affiliates, licensors, owners,
shareholders, employees, executives, consultants, agents, suppliers,
advertisers and sponsors, and their respective directors, officers, employees,
consultants, agents and other representatives, harmless from and against any
and all claims, damages, losses, costs (including reasonable attorneys' fees)
and other expenses that arise directly or indirectly out of or from (i) your
breach of this Agreement, including any violation of the Code of Conduct,
above; (ii) any allegation that any materials you submit to us or transmit to
the Site infringe or otherwise violate the copyright, trademark, trade secret
or other intellectual property or other rights of any third party; and/or (iii)
your activities in connection with the Site.

 

ARBITRATION

You agree that any dispute arising
out of or relating to this Agreement or your use of the Site will be submitted
exclusively to confidential binding arbitration in New York, New York. Arbitration
under these Terms will be conducted under the prevailing rules of the American
Arbitration Association. The arbitrator's award will be binding and may be
entered as a judgment in any court of competent jurisdiction. To the fullest
extent permitted by applicable law, no arbitration under these Terms will be
joined to an arbitration involving any other party subject to these Terms,
whether through class arbitration proceedings or otherwise. Notwithstanding the
foregoing, to the extent you have in any manner violated or threatened to
violate the intellectual property rights of the Site, Crooklyn, these persons
or entities may seek injunctive or other appropriate relief in any state or
federal court in the state of New York.

 

NO CLASS ACTIONS

You may only resolve disputes with us
on an individual basis, and may not bring a claim as a plaintiff or a class
member in a class, consolidated or representative action. Class actions, class
arbitrations, private attorney general actions and consolidation with other arbitrations
aren't allowed.

 

GOVERNING LAW

This Agreement is governed by and
construed in accordance with the laws of the State of New York, United States
of America, without regards to its principles of conflicts of law. Any disputes
as to the meaning and application of any of the provisions of this Agreement
shall be determined under the laws of the State of New York. You agree to
submit to the exclusive jurisdiction of any State or Federal court located in
the County of New York, New York, United States of America, and waive any
jurisdictional, venue or inconvenient forum objections to such courts. 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 Site or this Agreement must
be filed within one (1) year after such claim or cause of action arose or be
forever barred.  

 

WAIVER

If any provision of this Agreement is
found to be unlawful, void or for any reason unenforceable, then that provision
shall be deemed severable from this Agreement and shall not affect the validity
and enforceability of any remaining provisions. This is the entire agreement
between us relating to the subject matter herein and supersedes any and all
prior or contemporaneous written or oral agreements between us with respect to
such subject matter. 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. Any heading, caption or section title contained in this Agreement
is inserted only as a matter of convenience and in no way defines or explains
any section or provision hereof.

 

QUESTIONS

If you have any questions, comments
or complaints regarding these terms or the Site, please contact us at:

 

Store@crooklynclan.net
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