These Terms of Use (“Terms”) apply to your access and use of the services, applications, products, or websites associated with these Terms (collectively “Services”), which are owned and operated by LUCKY STAR TRADING LLC DBA RECOIL AUDIO®. These Terms are important and affect your legal rights, so please read them carefully. By accessing and using the Services, you agree to be bound by these Terms and any terms incorporated herein by reference, including our Privacy Policy and Terms and Conditions for Online Sales. If you do not agree to these Terms, you may not access or use the Services.
We may revise and update these Terms from time to time in our sole discretion. We will notify you when we make changes to these Terms and give you the opportunity to review before continuing to use the Services. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. You agree that we will not be liable to you for any change or discontinuance, in whole or in part, of the Terms, or the Services.
Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page each time you access the Services so that you are aware of any changes, as they are binding on you. You further agree to review these Terms periodically and to make yourself aware of these changes.
Eligibility
The Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are of at least 18 years of age.
Accessing the Services and Account Security
We may withdraw or amend the Services, and any service or material we provide on the Services, in our sole discretion without notice. We will not be liable if all or any part of the Services is unavailable at any time, or for any time period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.
You are responsible for:
Making all arrangements necessary for you to have access to the Services.
Ensuring that all persons who access the Services through your internet connection are aware of these Terms and comply with them. To access the Services or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, including but not limited to through the use of any interactive features on the Services, is governed by these Terms, and you consent to all actions we take with respect to your information consistent with these Terms.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We may disable any username, password, or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our sole discretion, you have violated any provision of these Terms.
Intellectual Property Rights
LUCKY STAR TRADING LLC DBA RECOIL AUDIO®, owns all Services and all content, features and functionality (including but not limited to all information, code, content, drawings, graphics, metadata, meta tags, marking information, page format and style, pictures, phrases, product descriptions, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, the compilation of all of the foregoing and all intellectual property rights and goodwill associated therewith) available through the Services, or otherwise provided to you by or on our behalf through the Services (“Lucky Star Trading LLC dba RECOIL AUDIO® Content”). Lucky Star Trading LLC dba RECOIL AUDIO® Content is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. We reserve all rights in and to the Lucky Star Trading LLC dba RECOIL AUDIO® Content. Except as expressly granted to you under these Terms, we do not grant you any right, title or interest in or to any part of the Lucky Star Trading LLC dba RECOIL AUDIO® Content.
You will not copy, reproduce, publish, distribute, transmit, disseminate, display, exhibit, edit, modify, and create derivative works from, or exploit in any way, any part of the Lucky Star Trading LLC dba RECOIL AUDIO® Content. You will not frame or utilize framing techniques to enclose our trademark, logo, or other proprietary information. You will not use any meta tags or any other “hidden text” utilizing our name or trademarks. You will not delete, remove or otherwise alter any copyright, trademark or other proprietary notice appearing in or on the Lucky Star Trading LLC dba RECOIL AUDIO® Content. You will not take any action to jeopardize, limit or interfere in any manner with our rights in and to the Lucky Star Trading LLC dba RECOIL AUDIO® Content. You agree not to portray us or our products in a false, misleading, derogatory or otherwise offensive manner. We reserve the sole and exclusive right at our discretion to assert claims against third parties for infringement or misappropriation of our intellectual property rights in the Lucky Star Trading LLC dba RECOIL AUDIO® Content.
Our name, the terms, logos, trademarks, and all related names, logos, product and service names, designs and slogans are our trademarks (or our affiliates or licensors’ trademarks). You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.
Grant of License
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of the Terms, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Services or any content on the Services is transferred to you, and we reserve all rights not expressly granted. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
Prohibited Uses
You must use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or our users or expose them to liability.
Additionally, you agree not to:
Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real-time activities through the Services.
Use any robot, spider or another automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Services.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer or database connected to the Services.
Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise, attempt to interfere with the proper working of the Services.
Changes to the Services
We may update the content on the Services, including Lucky Star Trading LLC dba RECOIL AUDIO® Content, from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.
Disclaimer of Warranties
YOUR USE OF THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. EXCEPT AS PROHIBITED BY LAW, WE DISCLAIM ALL WARRANTIES OF EVERY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
The information presented on or through the Services is made available solely for general information purposes. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other users of the Services, or by anyone who may be informed of any of its contents.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL WE, OUR AFFILIATES OR 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 SERVICES, ANY SITES LINKED TO IT, LUCKY STAR TRADING LLC DBA RECOIL AUDIO® CONTENT OR CONTENT OF OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR SUCH OTHER SITES, 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 OR OTHERWISE, EVEN IF FORESEEABLE. HOWEVER, IF WE ARE FOUND LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES OR LUCKY STAR TRADING LLC DBA RECOIL AUDIO® CONTENT, OUR LIABILITY WILL NOT EXCEED $100.00 USD.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless us, our shareholders, licensors and service providers, and our 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 or your use of the Services, including, but not limited to any use of Lucky Star Trading LLC dba RECOIL AUDIO® Content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Services. This obligation will survive the termination or modification of these Terms.
Governing Law and Jurisdiction
These Terms of Use are governed by, and construed in accordance with, the laws of the State of Florida without regard to any conflicts of law rules. Any controversy or claim arising out of or relating to these Terms of Use or the Services will be settled by arbitration in accordance with the Arbitration Rules of the American Arbitration Association and conducted by an arbitrator selected by the parties concerned in the arbitration. The seat of the arbitration will be in the Broward County, Florida. The award of the arbitrator will be final and binding. Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The parties waive any right to appeal the arbitral award, to the extent a right to appeal may be lawfully waived. Each party retains the right to seek judicial assistance: (a) to compel arbitration; (b) to obtain interim measures of protection pending arbitration; and (c) to enforce any decision of the arbitrators, including the final arbitral award. The prevailing party in the arbitration is entitled to receive reimbursement of its reasonable expenses, including attorney’s fees, incurred in connection therewith.
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.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
Our failure to enforce or exercise any of these terms is not a waiver of that section. If a particular term is not enforceable, the unenforceability of that term will not affect any other terms.
Entire Agreement
These Terms, Privacy Policy and Terms and Conditions for Online Sales constitute the sole and entire agreement between you and us with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.
Your Comments and Concerns
You may notify us in writing of any objectionable content. We will make a good-faith effort to investigate all allegations of objectionable content that violates the Terms but we do not represent or warrant that we will take any action relating thereto.
Notices for Complaints
Send all legal notices under these Terms to:
Lucky Star Trading LLC dba RECOIL AUDIO®, Inc.
3757 East Broadway Road, Suite 5, Phoenix, AZ 85040
Attn: Support
Thank you for using the Services.
