Terms of Use

Effective as of January 23, 2023

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These terms of use are entered into by and between You and Galactic Records and its affiliates (“Company”, “we”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of Galactic Records-operated websites and/or mobile apps, including any content, functionality, and services offered on or through (the “Sites” or “Website”).

Our Websites may include the option to purchase physical or digital goods, which are governed by the relevant provisions of these Terms of Use below. 

By using the Website you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://galacticrecords.com/privacy, incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website in any manner. 

We reserve the right to revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. 

If you have any questions regarding these Terms of Use, feel free to reach out to us at info@galacticrecords.com.

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Proprietary Rights; Intellectual Property Rights: 

The Website and its entire contents, features, and functionality (including, but not limited to, all information, software, code, data, text, displays, images, video, and audio, and the look and feel, design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Website for your personal, non-commercial use only, and your use of the Website does not grant you any ownership rights in any of the aforementioned content, data, or materials. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website. If, with authorization, you download or print a copy of any content or materials for personal use, you must retain all copyright, trademark, or other proprietary notices.  We reserve all rights not expressly granted in and to the contents, features, functionality, and materials on the Website.

The Company name and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors (“Trademarks”). You must not use such Trademarks without the prior written permission of the Company. Nothing contained on the Website should be construed as granting any license or right to use any of the Trademarks displayed on the Website without the written permission of the Company or the third party that may own the applicable Trademark. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners. Your misuse of the Trademarks displayed on the Website is strictly prohibited.

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Prohibited Uses: 

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

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User Information/and or Contributions: 

You may be asked to provide certain personalized information to us. All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of your personalized information. 

In the course of using the Websites, you may be asked to create an account and provide a username and password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to Company on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure, then you agree to immediately notify Company. You may be liable for the losses incurred by Company or others due to any unauthorized use of your account.

In the event that any of the Company or its affiliates’ Websites allow you to contribute to or interact with the Website, including, without limitation, by posting on message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website, your User Contributions shall comply with these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.

You represent and warrant that: 

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.  

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Third-Party Sites, Products and Services; Links:‍

The Website may include links or references to other sites or services (“Third-Party Sites”), for example, you may be able to order certain products and/or licenses through the Website or links contained in advertisements, including banner advertisements and sponsored links. Company does not endorse any such Third-Party Sites or the information, materials, products, or services contained on or accessible through them. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

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Reliance on Information Posted:

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

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Online Orders and Transactions:  

All purchases through the Website or other transactions for the sale of physical or digital goods or formed through the Website or resulting from visits made by you are governed by the following terms. 

Placing orders on any of Company’s Websites may be done solely through the means made available by Company, and Company does not accept orders made in any other manner and reserves the right to reject such orders. Placing an order on Company’s Websites may require you to use third-party apps or sites to commence and/or complete your order and you represent and warrant that you have accepted the terms and conditions of those apps or sites, if applicable. Your use of those third-party apps or sites is at your own risk and Company shall not be liable for any loss or damage to you caused in connection with the use of such third-party apps or sites. 

Placing an Order: 

By placing an order, you represent and warrant that you have the legal capacity to enter into binding contracts and that you are at least eighteen (18) years of age, otherwise a parent or guardian should accept these terms on your behalf. Once you place an order, you may receive a confirmation that your order has been placed, but this does not mean your order has been accepted by the Company. Company may reject, modify or cancel your order at any time for any reason prior to shipping your order. Shipping and delivery dates, as well as the availability of any product offered on the Website, are not guaranteed and Company shall not be liable for any delays in shipping, regardless of shipping method. Company shall not be responsible for any lost products or orders. If you order multiple items, Company reserves the right to ship all items together or in multiple, separate shipments. In the event Company offers promotions, discounts, or other such offers, you acknowledge that such offers have no cash value, cannot be sold, transferred, or bartered, and may be modified or revoked by Company at any time for any reason.

Payment:

Company may accept any variety of payment options, in its sole discretion, as indicated on the Website. You represent and warrant that you have the legal right to use any credit card(s) or other payment means used to initiate any transaction and that there are sufficient funds or credit available to cover the charges. Any such payment information provided through or in connection with the purchase of goods on the Website will be treated by Company in accordance with the Privacy Policy.  By submitting such information, you grant Company the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgement or completion of any transaction.  You agree to pay all charges that may be incurred by you or on your behalf through or in connection with the purchase of goods on the Website, at the price(s) in effect when such charges are incurred, and you hereby authorize us to charge your credit card or payment method, as applicable, for such amounts. In addition, you remain responsible for any taxes that may be applicable to your transactions. Company shall not be responsible for any damaged or incorrect goods, unless otherwise stated on the Website or in these Terms of Use. Delivery outside of the United States, if offered by Company, is subject to import duties and taxes that are levied when the delivery reaches the specified destination, and you will be responsible for any such import duties and taxes. Company shall not be liable for any breach by you of any applicable laws and regulations of the country for which the products are destined.

Liability:

Company is not responsible for indirect losses which are not foreseeable by you and Company (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.

Company shall not be liable for any damages of any kind arising from the use of the products, including but not limited to, a direct, indirect, incidental and/or consequential loss, including lost profits, goodwill or any other intangible loss, even if Company has been advised of the possibility of such loss. If You are an individual consumer, this may not apply to you and instead Company will be liable to you only for the direct and actual loss suffered by you and will not be liable for any indirect, incidental and/or consequential loss, even if Company has been advised of the possibility of such loss.

You shall indemnify, defend and hold Company and its affiliates harmless from any third-party claims arising out of or relating to your breach of these terms, misuse of any products, or violation of any law or third-party right. 

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Geographic Restrictions: 

The owner of the Website is based in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

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Disclaimer of Warranties: 

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

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Limitation on Liability:

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE, EVEN IF FORESEEABLE. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES, YOU AGREE THAT IN NO EVENT SHALL THE TOTAL LIABILITY OF COMPANY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION OF ANY KIND EXCEED ONE HUNDRED DOLLARS ($100.00).

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

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Indemnification: 

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Company's defense of such claim.

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Arbitration:

Please read the following arbitration agreement carefully because it requires you to arbitrate certain disputes and claims with Company and limits the manner in which you can seek relief from us. Both you and Company acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms of Use, Company’s officers, directors, employees and independent contractors (“Personnel”) are third party beneficiaries of these Terms of Use, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as the third party beneficiary hereof.

Any dispute arising out of or relating to the subject matter of these Terms of Use shall be finally settled by binding arbitration in New York County, New York. The arbitration will proceed in the English language, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction.

You and company waive any constitutional and statutory rights to go to court and have a trial in front of a judge or jury. You and Company are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Company over whether to vacate or enforce an arbitration award, you and Company waive all rights to a jury trial, and elect instead to have the dispute be resolved by a judge.

To the extent permitted by law, all claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user. In no event shall any claim, action or proceeding by you related in any way to the Sites be instituted more than one (1) year after the cause of action arose. If a court of competent jurisdiction finds these arbitration provisions invalid or inapplicable, you agree to the exclusive jurisdiction of the Federal and State courts located in New York County, New York, and you agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable claim or action. 

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Waiver and Severability:‍

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

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Entire Agreement:

The Terms of Use our Privacy Policy constitute the sole and entire agreement between you and Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

GALACTIC