These Terms of Use (“Terms”) apply to the website located at keolarecords.com, and any other websites or applications associated with Keola Records goods and services that direct the viewer or user to these Terms (“Sites”). In these Terms, “Keola Records”, “Sun Berri”, “our website,” “we”, and “us” collectively refers to keolarecords.com.
Your access to and use of Keola Records is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or our website. By accessing or using our website you agree to be bound by these Terms. If you disagree with any part of the Terms, then you must discontinue access or use of keolarecords.com.
Eligibility
This is a contract between you and Keola Records. You must read and agree to these Terms before using our website. If you do not agree to these Terms, you may not use our website. You may use our website only if you can form a binding contract with us, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the our website by anyone under eighteen (18) years of age is strictly prohibited and in violation of these Terms. If you are under eighteen (18) years of age, you may use our website only with involvement a parent or legal guardian and their consent and agreement to these Terms. If you are under 18, you represent that you have your parent or guardian’s permission to use our website and that your parent or guardian is agreeing to these Terms. If you are a parent or legal guardian of a User under the age of 18, by allowing your child to use our website, you are subject to the terms of these Terms, and responsible for your child’s activity. Our website is not available to any Users we previously removed.
Access and Use
Subject to your compliance with the terms and conditions of these Terms, you may access and use our website solely for your personal, non-commercial use. We reserve all rights not expressly granted by these Terms in and to our website and our Intellectual Property (defined below). We may suspend or terminate your access to our website at any time for any reason or no reason.
User Accounts
Your account on our website (your “User Account”) gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of User Accounts for different types of Users.
You may never use another User’s User Account without permission. When creating your User Account, you must provide accurate and complete profile information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lowercase letters, numbers and symbols) with your User Account. We will not be liable for any losses caused by any unauthorized use of your User Account.
You may control certain aspects of your User profile and how you interact with our website by changing the settings in your settings page. By providing us with your email address you consent to our using the email address to send you service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you our newsletter, if you signed up to receive it.
You acknowledge that you do not own the User Account you use to access our website. Notwithstanding anything in these Terms to the contrary, you agree that we have the absolute right to manage, regulate, control, modify and/or eliminate any data stored by us and that we will have no liability to you based on our exercise of such right. All data on our servers are subject to deletion, alteration or transfer. NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU, YOU UNDERSTAND AND AGREE THAT ANY DATA, USER ACCOUNT HISTORY AND USER ACCOUNT CONTENT RESIDING ON OUR SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN OUR DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. WE DO NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON OUR SERVERS.
By connecting to our website with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
User Data
As part of your use and interaction with the Site, we will collect data, metadata, and information, including personal information, that you provide to us or that is collected by us or via the Site, including without limitation as described in our Privacy Policy (“User Data”). For clarity, however, User Data does not include your User Content described below. You hereby grant to us, and represent and warrant that you have all rights necessary to grant to us, a perpetual, irrevocable, non-exclusive, sublicensable, transferable and royalty-free right and license to collect, use, reproduce, electronically distribute, transmit, have transmitted, perform, display, store, archive, and to modify and make derivative works of any and all User Data in order to provide and maintain our website and for such uses as described in our Privacy Policy, and, solely in anonymous or aggregate form, to improve our products and for our other business purposes (and any and all such derived data is deemed part of our Intellectual Property). We take no responsibility and assume no liability for any of your User Data. You shall be solely responsible and indemnify us for your User Data.
For the purposes of these Terms, “Intellectual Property” means all copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, location, territory or other jurisdiction.
Our Proprietary Rights
Except for your User Content, you understand and accept that our website and all materials therein or transferred thereby, including, without limitation, all information, data, text, software, music, sound, photographs, graphics, logos, trademarks, service marks, copyrights, audio, video, message or other material appearing on this Site, including User Content belonging to other Users (collectively, “Keola Records Content”),and all Intellectual Property rights related thereto, are the exclusive property of Keola Records and its licensors (including other Users who post User Content to our website).You are expressly prohibited from using any Keola Records Content without the express written consent of Keola Records or its licensors. Except as otherwise stated in these Terms, none of the material may be reproduced, distributed, republished, downloaded, displayed, posted, transmitted, or copied in any form or by any means, without the prior written permission of Keola Records, and/or the appropriate licensor. Permission is granted to display, copy, distribute, and download the materials on this Site solely for personal, non-commercial use provided that you make no modifications to the materials and that all copyright and other proprietary notices contained in the materials are retained. You may not, without Keola Records’ express written permission, ‘mirror’ any material contained on this Site or any other server. Any permission granted under these Terms terminates automatically without further notice if you breach any of the above terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this Site may violate domestic and/or international copyright laws, the laws of privacy and publicity, and communications regulations and statutes.
ANY USE OF THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THESE TERMS IS STRICTLY PROHIBITED.
Interactions with Other Users
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor interactions between you and other Users. WE SHALL HAVE NO LIABILITY FOR, AND EXPRESSLY DISCLAIM ALL LIABILITY ARISING FROM, YOUR INTERACTIONS WITH OTHER USERS, OR FOR ANY USER’S ACTION OR INACTION.
Service Location: Restrictions
Our website is controlled and operated from within the United States. We make no representations that our website is available for use in other locations. Those who access or use our website from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use our website if you are a resident of a location embargoed by the United States, or are a person or entity blocked or denied by the United States government.
Submission of Reviews & Content
The Site allows Users to submit product reviews and text content to collaborate with us. User Content may include personal information. WE CLAIM NO OWNERSHIP RIGHTS OVER USER CONTENT. However, you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, fully paid up, worldwide license (but not the obligation) to use any User Content (“IP License”). The IP License includes, for example and without limitations, the right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, in both digital and physical owned channels, and will not be limited in any way in its use or modifications to the submission, whether for commercial purposes or not, of the User Content. In certain circumstances Keola Records may also share your contribution with trusted third parties. You are also granting us a non-exclusive, transferable, sub-licensable, royalty-free, fully paid up, worldwide license (but not the obligation) to use your name, likeness, personality, voice, or any other materials or information you provide to Keola Records in connection with your content.
You further grant, and you represent and warrant that you have all rights necessary to grant, Keola Records an irrevocable, transferable, sublicensable (through multiple tiers), fully paid, royalty-free, and worldwide right and license to use, copy, store, modify, and display your User Content: (a) to maintain and provide the Site to you; (b) solely in de-identified form, to improve our products and services and for our other business purposes, such as data analysis, customer research, developing new products or features, and identifying usage trends (and we will own such de-identified data); and (c) to perform such other actions as authorized by you in connection with your use of the Site.
You understand and agree that it is your obligation to make sure the User Content you submit to the Site must not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property rights and privacy rights, and you have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties. You also understand and agree that User Content you submit to the Site must not be and will not contain libelous or otherwise unlawful, abusive, obscene, or otherwise objectionable material in Keola Records sole discretion. For example, and without limitation, you may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Site or other websites such asInstagram that may interact with this Site.
Keola Records is not and shall not be under any obligation (1) to maintain any User Content in confidence; (2) to pay you any compensation for any User Content; (3) to credit or acknowledge you for User Content; or (4) to respond to any User Content. We take no responsibility and assume no liability for any User Content that you or any other User or third-party posts, sends, or otherwise makes available over our website. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on our website, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Keola Records shall not be liable for any damages you allege to incur as a result of or relating to any User Content.
If you do not want to grant Keola Records the permission set out above on these terms, please do not submit User Content.
Privacy
We care about the privacy of our Users. You understand that by using our Service you consent to the collection, use and disclosure of your personal information and aggregate and/or anonymized data as set forth in our Privacy Policy, and to have your personal information collected, used, transferred to and processed in the United States.
Security
We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our commercially reasonable security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Keola Records Communication to You
You agree that Keola Records may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of Keola Record’s products or services, or for such other purpose(s) as Keola Records deems appropriate.
Product Information
Most Sun Berri products displayed at the Site are available while supplies last. The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States.
Links to Other Sites
OUR SERVICE MAY CONTAIN LINKS TO THIRD-PARTY SITES OR SERVICES THAT ARE NOT OWNED OR CONTROLLED BY KEOLA RECORDS AND CERTAIN FUNCTIONALITY OF OUR SERVICE MAY REQUIRE INTEGRATION WITH OR YOUR USE OF THIRD-PARTY SERVICES. IF YOU USE A THIRD-PARTY SERVICE, YOU ARE SUBJECT TO AND AGREE TO THE THIRD PARTY’S TERMS OF SERVICE AND PRIVACY POLICY MADE AVAILABLE ON THEIR SERVICES. WE DO NOT ENDORSE OR ASSUME ANY RESPONSIBILITY FOR ANY SUCH THIRD-PARTY SITES, INFORMATION, MATERIALS, PRODUCTS, OR SERVICES. IF YOU ACCESS A THIRD-PARTY WEBSITE OR SERVICE FROM OUR SERVICE OR SHARE YOUR USER CONTENT ON OR THROUGH ANY THIRD-PARTY WEBSITE OR SERVICE, YOU DO SO AT YOUR OWN RISK, AND YOU UNDERSTAND THAT THIS AGREEMENT AND OUR PRIVACY POLICY DO NOT APPLY TO YOUR USE OF SUCH SERVICES OR SITES. YOU EXPRESSLY RELIEVE KEOLA RECORDS FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE, SERVICE, OR CONTENT, INCLUDING WITHOUT LIMITATION USER CONTENT SUBMITTED BY OTHER USERS.
Warranties & Disclaimers
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE BELOW EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KEOLA RECORDS OR THROUGH OUR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, KEOLA RECORDS , ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT OUR SERVICE WILL MEET YOUR REQUIREMENTS; THAT OUR SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT OUR SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF OUR SERVICE. WE ATTEMPT TO ENSURE THAT INFORMATION PROVIDED ON OR IN CONNECTION WITH THE SERVICE COMPLETE, ACCURATE AND CURRENT. DESPITE OUR EFFORTS, SUCH INFORMATION MAY OCCASIONALLY BE INACCURATE, INCOMPLETE OR OUT OF DATE. ACCORDINGLY, WE MAKE NO REPRESENTATION AS TO THE COMPLETENESS, ACCURACY OR CURRENTNESS OF SUCH INFORMATION, INCLUDING ALL DESCRIPTIONS, IMAGES, REFERENCES, FEATURES, CONTENT, SPECIFICATIONS AND SERVICES DESCRIBED OR DEPICTED ON THE SERVICE. SUCH INFORMATION IS ALSO SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE.
FURTHER, KEOLA RECORDS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH ANY HYPERLINKED WEBSITE OR SERVICE, AND KEOLA RECORDS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Inaccuracy Disclaimer
From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions or availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Price and availability information contained on this site is subject to change without notice. Keola Records shall not be bound by any errors or omissions in posting product information or prices with respect to any products or services offered on the Site. All materials and information presented by Keola Records on the Site are intended to be used for informational purposes only.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KEOLA RECORDS OR ITS , ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE SITES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITES (INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM KEOLA RECORDS), OR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURES, THEFT, DESTRUCTION, FRAUD, OR UNAUTHORIZED ACCESS TO KEOLA RECORDS’ RECORDS, PROGRAMS OR SERVICES; AND (B) BE LIABLE TO THE USER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, OR THE INABILITY TO USE THE SITES OR ANY OF THEIR FEATURES. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE SITES; (C) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF our website; (D) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; AND/OR (E) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
IN NO EVENT SHALL KEOLA RECORDS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO KEOLA RECORDS HEREUNDER OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF KEOLA RECORDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Entire Agreement
These Terms, together with any amendments and any additional agreements you may enter into with us in connection with our website, shall constitute the entire agreement between you and us concerning our website. None of our employees or representatives are authorized to make any modification or addition to these Terms. Any statements or comments made between you and any of our employees or representatives are expressly excluded from these Terms and will not apply to you or us or your use of our website. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
No Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Keola Records’ failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Trademark
Keola Records and Sun Berri has a pending application for a registered trademark, service mark, and/or trade name. All other trademarks, service marks, and trade names contained in the Site are the properties of the respective owners. Keola Records disclaims any proprietary interest in trademarks, service marks and trade names other than its own. No use of these marks may be made without the prior written authorization of Keola Records and Sun Berri, except as necessary to accurately identify the products or services of Keola Records and Sun Berri.
Restrictions
Users agree not to, and will not assist, encourage, or enable others to use our properties to:
Post, share, sell, or distribute material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, obscene, profane, hateful, harassing, sexually oriented, threatening, invasive of anyone’s privacy, or otherwise in violation of any law;
Post or transmit any material in violation of a third party’s copyright or other intellectual property or proprietary rights;
Post or transmit any information or software that contains a virus, worm, defects, Trojan horses or other items of a harmful, disruptive or deleterious nature;
Engage in commercial activity (including, but not limited to, sales, contests or sweepstakes) without our prior written consent;
Solicit, request or collect personal information for commercial or unlawful purposes;
Solicit personal information from minors;
Send bulk emails, surveys, or other mass messaging whether commercial in nature or not;
Engage in keyword spamming, or otherwise attempt to manipulate our search results; or
Impersonate any other individual or entity.
Restrict or inhibit any other user from using and enjoying our website (for examples, by means of hacking or defacement);
Utilize any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape or index any portion of our properties;
Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of our properties or on any materials printed or copied from our properties;
Record, process or mine information about other users;
Reformat or frame any portion of our properties;
Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Keola Records’ technology infrastructure or otherwise make excessive traffic demands of our properties;
Attempt to gain unauthorized access to our properties, user data, computer systems or networks;
Use any device, software or routine that interferes with the proper working of our properties;
Use our properties to violate the security of any computer network, crack passwords or security encryption codes;
Disrupt or interfere with the security of, or otherwise cause harm to, our properties;
Remove, circumvent, disable, damage or otherwise interfere with any security-related features of our properties, features that prevent or restrict the use or copying of our properties content or features that enforce limitations on the use of our properties.
DMCA
The Digital Millennium Copyright Act (DMCA) provides a mechanism for notifying service providers of claims of unauthorized use of copyrighted materials. Under the DMCA, a claim must be sent to the service provider’s Designated Agent. If you believe in good faith that Keola Records should be notified of a possible online copyright infringement involving any of our properties, please contact us by email at musicmatters@keolarecords.com.
Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth in the DMCA. You are encouraged to review them (see 17 U.S.C. Sec. 512(c)(3)) before sending your notice of claim.
Last updated May 4, 2024.