Terms & Conditions

Welcome to the Terms and Conditions (these “Terms”) of Ethernal Sands Records (the “Sites”) operated by Ethernal Sands Records. Please read these Terms carefully before you begin to use the Sites. By using the Sites, you indicate that you accept these Terms and our Privacy Policy (including our Cookie Policy) and that you agree to comply with them. If you do not agree to these Terms, do not use the Sites.

1. These Terms
   We may modify these Terms from time to time without prior notice to reflect changes in market conditions affecting our business, changes in payment methods, changes in technology, changes in relevant laws and regulations, and changes in our systems. Such modifications will be effective as soon as they are posted by Ethernal Sands Records on the Sites. Therefore, it is important that you review these Terms regularly to ensure that you are up to date on any changes.

2. Customer Responsibility
   You agree to act responsibly and legally when using the Sites. You must comply with all applicable laws, regulations, and rules and agree not to use the Sites for any illegal purpose, to commit any offense or crime under the laws of any jurisdiction to which access is obtained through the Sites, or in a manner that may cause harm, offense, or inconvenience to any other Internet user.
   You agree not to use the Sites to:

• post content that is patently offensive and promotes racism, prejudice, hatred, or harm of any kind against any group or individual;
• post content that contains violence or offensive subject matter;
• post or promote information that you know to be false or misleading or that promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or slanderous;
• post content or initiate communications that are illegal, defamatory, abusive, obscene, discriminatory, or otherwise objectionable;
• post content that promotes any criminal activity or enterprise or provides instructional information about illegal activities;
• impersonate any person or entity or falsely state or otherwise misrepresent your identity, name, age, or affiliation with any person or entity;
• use the Sites for any illegal purpose, criminal or tortious activity, including, but not limited to, fraud, spamming, sending viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
• upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising or promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
• upload, post, email, transmit, or otherwise make available any material that contains viruses, Trojan horses, worms, time bombs, keyloggers, spyware, adware, or any other harmful program or code, files, or similar programs designed to interrupt, destroy, limit, or adversely affect the functionality of any computer software or hardware or telecommunications equipment;
• attempt to gain unauthorized access to the Sites, particularly to non-public areas, the server on which the Sites are stored, or any server, computer, or database connected to the Sites;
• attack the Sites through a denial-of-service attack or a distributed denial-of-service attack;
• interfere with or disrupt the Sites or servers or networks connected to them, or disobey any requirements, procedures, policies, or regulations of networks connected to the Sites;
• display on the Sites or use in connection with the Sites any materials that in any way infringe the copyrights, other intellectual property rights, or proprietary rights of third parties or that may otherwise make the Sites liable for payment of damages to any third party.

 

Ethernal Sands Records reserves the right to investigate and take appropriate legal action against anyone who, in our opinion, violates this provision, including, without limitation, reporting them to the relevant authorities.
We reserve the right to remove or suspend any posted material that is, in our opinion, in violation of this clause or that we suspect to be in violation of this clause, at our sole discretion.
You represent and warrant that: (i) you own the materials and/or information posted by you on the Sites and (ii) posting your materials and/or information on the Sites does not violate the privacy rights, publicity rights, copyrights, contractual rights, moral rights, intellectual property rights, or any other rights of any person. You agree to pay all royalties, fees, and any other amounts owed to any person by reason of any content posted by you on the Sites.

3. Intellectual Property
   The Sites contain intellectual property, which is the exclusive property of Ethernal Sands Records (“Our Intellectual Property”). This includes, but is not limited to, copyrights, trademarks, technology information, and other proprietary rights, and may be provided in the form of text, graphic downloads, audio and video, links, or source code. Ethernal Sands Records retains the rights to Our Intellectual Property and reserves all rights in relation to it.
   Subject to these Terms, we grant you a non-exclusive, non-transferable, limited, and revocable right to access and use the Sites and the material displayed therein. However, no right, title, or interest in any of these materials will be granted or transferred to you as a result of any permitted use of these materials.
   All materials incorporated or accessible through the Sites, including, without limitation, text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, software, and other content, and the compilation, collection, arrangement, and assembly thereof (including the appearance and feel of the Sites), are owned, controlled, or licensed by Ethernal Sands Records, or by the original creators of such materials or their authorized licensors. Any other use of such materials, including any copying, reproduction, modification, sale, distribution, extraction, reuse, transmission, republication, download, display, posting, performance, or other exploitation thereof by any means or media without the written permission of the copyright owner is strictly prohibited.
   Regarding all content or material that you submit or post on the Sites, you confirm that you have obtained the consent of any individual identified in that material for posting the material on the Sites.
   Our Intellectual Property is provided by Ethernal Sands Records on an “as is” basis, and Ethernal Sands Records expressly disclaims, to the fullest extent permitted by applicable law, any and all warranties, express or implied, including, without limitation, warranties of merchantability and fitness for a particular purpose, with respect to any of Our Intellectual Property. To the fullest extent permitted by applicable law, Ethernal Sands Records excludes any and all liability and/or responsibility for any damages or losses of any kind concerning Our Intellectual Property, whether any of the foregoing, including, without limitation, indirect, incidental, special, punitive, consequential, or any other type.

4. Suspension and Termination
   We will determine, at our discretion, whether there has been a violation of these Terms through your use of the Sites. When a violation of these Terms occurs, we may take the measures we deem appropriate.
   You agree that Ethernal Sands Records may, with or without cause and/or prior notice, immediately terminate your access to the Sites.

5. Indemnification
   By accepting these Terms, you agree to indemnify, hold harmless, and otherwise release Ethernal Sands Records, its directors, employees, agents, subsidiaries, affiliates, and other partners from any direct, indirect, incidental, special, consequential, or exemplary damages, and all other losses, costs, changes, demands, claims, and actions, regardless of how incurred by Ethernal Sands Records, arising from any claims or legal actions brought or threatened against us by any person resulting from (i) your use of the Sites; (ii) unauthorized access to the Sites; or (iii) any violation of these Terms by you or any other matter related to the Sites.
   In the event that your contributions to the Sites infringe any third-party rights, you shall, at your own cost and at our discretion, either obtain the right to use such contribution or make such contribution non-infringing.

6. Disclaimers and Limitations of Liability
   Unless otherwise agreed by us in writing, the material and content displayed on the Sites are provided on an “as is” and “as available” basis, without any warranties, conditions, or guarantees as to their accuracy or other terms of any kind. To the fullest extent permitted by law, we, other members of our group of companies, our directors, and employees expressly disclaim liability for any direct, indirect, special, consequential, or punitive losses or damages, or any losses or damages that may arise from or in connection with:

• the use or inability to use the Sites;
• the use or reliance on any content displayed on the Sites;
• any loss of profit, revenue, data, contracts, anticipated savings, or any similar damages;
• any loss or damage of any kind incurred in connection with the use of the Sites or any content posted, submitted, or transmitted through the Sites;
• any content that may be accessed through the Sites;
• any error or omission in any content or material displayed on the Sites; or
• any interruption or suspension of the use of the Sites, regardless of the cause and regardless of prior notices.

 

This clause will not affect your ability to claim damages resulting from our negligence, death, or personal injury or in relation to any other matter in which it is not legally possible to exclude or limit liability.

7. Third-Party Links
   The Sites may contain links to third-party websites. These links are provided solely for your convenience. We have no control over these websites and are not responsible for them or their content.
   If you access any of the third-party websites, you do so at your own risk. We are not liable for any damages resulting from the use of third-party websites.

8. Governing Law
   These Terms and your use of the Sites will be governed by and interpreted in accordance with the laws of the applicable jurisdiction. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction for the resolution of any disputes arising under these Terms.

9. Contact
   If you have any questions about these Terms or the Sites, please contact us at contact@ethernalsands.com.

Last Updated: [01.01.2024]