Terms of Use

Welcome to Rockabye Baby!

This website is operated by CMH Records, Inc. ("CMH" and/or "we," "us" or "our"). Your use of any website where these Terms of Service are posted (collectively, "Sites") and/or of the services provided through the Sites ("Services") is governed by and subject to these Terms of Services ("Terms").

Please read these Terms carefully. These Terms are a legal agreement between us and you, and they contain important information regarding your legal rights, remedies and obligations. By accessing, browsing or otherwise using the Sites, you: (I) acknowledge that you have read, understand, and agree, on your own behalf and/or on behalf of your children, to be bound by these Terms and that you agree to comply with all applicable laws, rules and regulations with respect to your use of the Sites; and (II) represent that you are an adult and have the legal capacity to enter into contracts in the jurisdiction where you reside. If you do not agree to these Terms or if you cannot make the above representations, acknowledgement and agreement, you may not access, browse or otherwise use the Sites, and you should discontinue these activities immediately.

We have established and may establish in the future certain additional policies pertaining to specific content or events ("Additional Terms"). Our Privacy Policy explains how we may collect, use and protect information that we learn about you as a result of your interaction with us through the Sites. The Privacy Policy and the Additional Terms constitute a part of these Terms and are hereby incorporated by reference into these Terms. By agreeing to these Terms, you are also accepting the terms of the Privacy Policy and the Additional Terms.

Table of contents:

Ownership

CMH, its subsidiaries, affiliated companies, distributors, vendors, contractors, licensors and/or licensees (collectively, "CMH Parties") are the exclusive owners or licensees of all content and materials on the Sites ("Site Content") and of all related intellectual property rights therein, including, without limitation, all copyrights, moral rights, trademark rights and patent rights. Site Content includes, without limitation, all features, functions, services, software, algorithms, designs, objects, documentation, know-how, code, data, art, graphics, animation, photographs, images, text, music, sound effects, audio and/or audio-visual elements, downloadable materials, look-and-feel, design, layout, organization, presentation, user interface, navigation and stylistic convention of the Sites.

The trademarks and service-marks ROCKABYE BABY!®, the stylized rendition of ROCKABYE BABY!®, HUSHABYE BABY®, the stylized rendition of HUSHABYE BABY™, the "Bear and Crossbones" designs™, and the ROCKABYE BABY! and HUSHABYE BABY color schemes™ (collectively, "Marks") are the exclusive property of CMH. Unauthorized use of any of the Marks or of any word, term, name or symbol that is likely to cause confusion or mistake with respect to the user's connection or association with CMH, or its approval or sponsorship of the user’s products or services, or that is likely to dilute any of the Marks is strictly prohibited by law. Other trade names, trademarks and service marks that appear on the Sites are the property of their respective owners.

You may access, browse and use the Sites and Site Content only for your personal, non-commercial use, on a single computer or other Internet-compatible device to enable you to use the Sites. You do not acquire any ownership interests in any Site Content or Marks by accessing, browsing or otherwise using the Sites. You may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise exploit, through any means or media, any of the Marks or Site Content, except as may be allowed by Sections 107, 108 and 110 of Title 17 of the United States Code, 17 U.S.C. §§ 107-108, 110 and/or by The Trademark Act of 1946 (Lanham Act), 15 U.S.C. § 1051 et seq. ("Your Exempt Use"). Your Exempt Use will be, at all times, prominently accompanied by: (1) a copyright notice in the form identical to the copyright notice appearing on the Content that is the subject of your Exempt Use; (2) a credit line in the form of the phrase "Accessed at www.RockabyeBabyMusic.com on", followed by the date of your access; and (3) the proper trademark rights’ and trademark registration notices, as indicated in the preceding paragraph next to each of the Marks.

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Your Content

You may access, browse and use the Sites and Site Content only for your personal, non-commercial use, on a single computer or other Internet-compatible device.

Certain features of the Sites may allow you to post, upload, transmit or submit certain materials, content, information or ideas to the Sites ("Your Content"). Do not post, upload, transmit or submit to the Sites any of Your Content that you did not create or that you do not have express written permission to post. By providing Your Content to us, you: (I) represent and warrant that Your Content is original to you, that you own or otherwise control all of the rights in Your Content, or that you have the rights necessary to grant the license in the following subsection (II), and that Your Content does not violate any rights, including the rights of privacy, of any party and does not otherwise violate the law; (II) grant to us and to the CMH Parties a worldwide, nonexclusive, fully paid-up, royalty-free, unrestricted, perpetual, irrevocable, fully transferable, assignable and fully sublicensable (through multiple tiers) right and license, to copy, reproduce, edit, modify, distribute, transmit, display, perform, publish, sell, adapt, create derivative works from, and otherwise use Your Content, for any purpose that we and/or the CMH Parties may choose and through any means or media, whether now existing or subsequently developed, and without any compensation to you or any third party; and (iii) agree to indemnify and hold us and the CMH Parties harmless from and against any and all claims, actions and damages (including, without limitation, court costs, legal fees, accounting fees and amounts paid in settlement) that are related to or result from your use of the Sites, Your Content or its posting on, or submission to, the Sites, and/or your violation of these Terms. You will cooperate as fully as reasonably required in the defense of any such claim or action; however, we and/or the CMH Parties reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

We cannot be responsible for maintaining Your Content, and we may remove Your Content from the Sites at any time, for any or no reason, and without notice to you. We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to the Sites, or through the Sites’ services or features, by its users, and we are not responsible for any such materials. However, we further reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms or applicable law. We may also impose limits on certain features on the Sites or restrict your access to part or all of the features or services on the Sites without notice or penalty if we believe that you are in breach of these Terms or applicable law, or for any other reason, all without notice or liability.

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Prohibited Conduct

You warrant and agree that, while accessing or using the Sites, you will not:

  • impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Sites, the CMH Parties or otherwise affiliated with us;
  • use an inappropriate username or screen name;
  • insert your own or a third party’s advertising, branding or other promotional content into any Site Content;
  • obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Sites through any means, including through means not intentionally made publicly available or provided through the Sites;
  • engage in any automatic or unauthorized means of accessing, logging-in or registering on the Sites, or obtaining lists of users or other information from or through the Sites, including, without limitation, any information residing on any server or database connected to the Sites;
  • use the Sites or any of their features and services in any manner that could interrupt, damage, disable, overburden or impair the Sites or interfere with any other party’s use and enjoyment of the Sites, including, without limitation, sending mass unsolicited messages or "flooding" servers;
  • use the Sites or any of their services in violation of our and/or the CMH Parties’ intellectual property or other proprietary or legal rights or the rights of any third party;
  • use the Sites or any of their services in violation of any applicable law;
  • attempt (or encourage or support anyone else’s attempt) to circumvent, reverse-engineer, decrypt, or otherwise alter, or interfere with, the Sites or any of their services; or
  • post, transmit, publish or otherwise disseminate through the Sites any of Your Content that, as we determine in our sole discretion:  (I) is unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, or infringes on our and/or any third party’s intellectual property or other rights; (II) is derogatory or harmful to our reputation or to the reputation of the CMH Parties in any way; or (iii) is harmful to children in any manner.

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Your Account and Your User Information

Some of the Services are only available if you create an account.  When any of the services on the Sites require you to open an account ("Your Account") or otherwise provide user or registration information, including user names and passwords ("Your User Information"), you must complete the registration process by providing us with complete and accurate information. You grant to us and to all other persons and entities involved in the operation of the Sites the right to use, store, monitor, retrieve and transmit Your User Information in connection with the operation of the Sites. Our information collection and use policies with respect to the privacy of Your User Information are set forth in our Privacy Policy, which is incorporated in these Terms by reference for all purposes.

You are solely responsible for maintaining the confidentiality of Your User Information. You are also solely responsible for any and all activities that occur under Your Account or Your User Information. You must notify us immediately of any suspected or actual unauthorized use of Your Account or Your User Information, and of any and all other security breaches.

We reserve the right to terminate Your Account or to refuse services to you, without prior notice to you, at any time and for any or no reason. Without limiting the above, if you are a repeat copyright infringer, we will, in appropriate circumstances, permanently terminate Your Account and remove Your Content from the Sites.  You have the right to cancel Your Account at any time.  You may cancel Your Account by following the instructions on the Sites.

If you voluntarily terminate Your Account or allow Your Account to lapse, you may reactivate Your Account at any time through the account interface on the Sites.  Accounts terminated by us for any type of abuse, including without limitation, a violation of these Terms, may not be reactivated.

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Fees That You May Pay

Some of the Services require you to pay a fee, the details of which are available in various areas of the Sites that allow you to purchase products, features or services. If you choose to join one of our mobile marketing lists, please be aware that there are usually costs associated with receiving SMS or MMS messages, depending on your wireless carrier and plan. You should check with your wireless carrier to determine what charges apply before signing up to receive our updates via your mobile phone. You agree to pay all fees and applicable taxes incurred by you or anyone using Your Account or Your User Information. 

We may revise the pricing for products, services or features offered through the Sites at any time. Unless otherwise noted, all currency references are in United States Dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. If there is a dispute regarding payment of fees to, or products or services provided by, us, Your Account may be closed and Your User Information may be disabled without warning or notice at our sole discretion.

EXCEPT AS MAY BE OTHERWISE SET FORTH IN OUR RETURN POLICY AND/OR OUR CANCELLATION POLICY YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR FEE-BASED PRODUCTS, SERVICES OR FEATURES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT OR THROUGH YOUR USER INFORMATON, INCLUDING ANY UNAUTHORIZED CHARGES.

We may, from time to time, modify, amend, or supplement our fees and fee-billing methods, and such changes shall be effective immediately upon posting in these Terms or elsewhere on the Sites.

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Submission of Your Ideas and Suggestions

While we encourage you to share ideas and suggestions through the Sites, we wish to avoid any potential misunderstandings or disputes that may arise from the limited use that we or other users of the Sites may make of any ideas or suggestions that you choose to share or if our content or business activities seem similar to any such ideas or suggestions. When you share ideas or suggestions through the Sites (including, without limitation, ideas or suggestions for new creative work, sound recordings, musical compositions, video programming, webisodes, machinima or theatrical motion pictures) ("Submissions"), you hereby grant to us, to the CMH Parties, and to our respective designees a worldwide, non-exclusive, sublicensable, transferrable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, adapt, create derivative works from, publicly perform, publicly display and license, digitally perform, make, have made, sell, offer for sale and import your Submissions in any and all media and means of communication, now known or hereafter developed.  IF YOU DO NOT WISH TO GRANT THE RIGHTS GRANTED IN THIS PARAGRAPH, PLEASE DO NOT SHARE, SUBMIT OR POST ANY SUBMISSION ON OR THROUGH ANY OF THE SITES.

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Links to Third-Party Websites

The Sites contain links to websites of third parties and advertisements of third-party products and services. If you use these links, you will leave the Sites. These third parties and their websites are not under our control. We do not examine or evaluate these websites and we are not responsible for their content or operation. By providing links to these websites, we do not approve, warrant or endorse, or otherwise make any representation about, them or their owners or operators, and do not assume any related responsibility or liability. You should exercise your own judgment in evaluating and using these websites. When you link to these websites, you become subject to their terms and conditions of use and privacy policies.

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Linking to the Sites

You agree that if you include a link from any website to the Sites, such link shall open in a new browser window and shall link to the full version of an HTML-formatted page of the Sites. You may not link directly to any Site Content, by, for example and without limitation, "in-line" linking or "deep-linking" methods, or in any manner causing the Sites, or any page of the Sites, to be "framed," surrounded or obfuscated by any third-party content, materials or branding. We may, at any time and for any or no reason, require that any link to the Sites be discontinued and removed and revoke your right to link to the Sites.

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Disclaimers

We administer, control and operate the Sites from our offices in the State of California, United States of America. The Sites are accessible worldwide; however, some of their features or functions may not be available or appropriate for use outside of the United States and/or may not be available to all persons or in all geographic locations. We make no representation that the Sites and Site Content are appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. Your access and use of the Sites may not be legal in your jurisdiction. If you choose to access, browse or use the Sites, you do so on your own initiative and at your own risk, and you are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable. We reserve the right to limit, in our sole discretion, the provision of any feature or function of the Sites to any person and geographic area. Any offer for any feature or function made on the Sites is void where prohibited.

The Sites provide information of a general nature only and you are responsible for determining whether it applies to your specific situation. We and the CMH Parties specifically disclaim any liability concerning any action that any person may take based on any information or guidance provided at the Sites.

Some content on these Sites is provided by the users of the Sites. With the exception of the license granted to us in these Terms, we do not obtain or control any rights in, and do not exert editorial control over, such content provided by users. We also do not independently verify the representations and warranties made by the users with respect to such content.

THE SITES AND SITE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES WITH RESPECT TO ANY UPTIME OR UNINTERRUPTED ACCESS, THE AVAILABILITY, ACCURACY OR USEFULNESS OF SITE CONTENT, OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. NEITHER WE NOR THE CMH PARTIES WARRANT THAT THE SITES OR SITE CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS, OR DEFECTS. YOU USE THE SITES AT YOUR OWN RISK. WE AND THE CMH PARTIES ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, BROWSING, OR USE OF THE SITES OR YOUR DOWNLOADING OF ANY CONTENT ON THE SITES. YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITES IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ALL USE OF THE SITES.

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Limitation of Liability

EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, ANY BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ARISING UNDER ANY OTHER LEGAL OR EQUITABLE THEORY WILL WE OR THE CMH PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR INABILITY TO USE THE SITES, OR FOR ANY SITE CONTENT, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED OR ACCESSED THROUGH THE SITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states or jurisdictions do not allow the exclusion or limitation of consequential or incidental damages and, in such states or jurisdictions, our and the CMH Parties’ liability shall be limited to the fullest extent permitted by law.

IN NO EVENT SHALL WE OR THE CMH PARTIES BE LIABLE FOR ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY US OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITES (INCLUDING, WITHOUT LIMITATION, ANY OF YOUR CONTENT). IN NO EVENT SHALL OUR OR THE CMH PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE (I) THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SITES OR FOR ANY OF YOUR ACTIVITIES ON THE SITES DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING YOUR CLAIM, OR (II) ONE HUNDRED U.S. DOLLARS ($100.00 USD), WHICHEVER IS GREATER.

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Notifications of Claims of Copyright Infringement

To notify us of your claim of copyright infringement with respect to any of Site Content, please send a written communication to our designated copyright agent:

Your notice must include:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
  • A statement that you have 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
  • A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receiving a proper notification of copyright infringement as described above, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the counter-notification procedure, as described in, and required by, The Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512.

If we receive a valid counter-notification, we will restore the removed or disabled material after ten (10), but no later than fourteen (14), business days from the date on which we receive the counter-notification, unless our Copyright Agent first receives notice from you, as the party filing the original notification of copyright infringement, informing us that you have filed a court action to restrain infringement of the material in question.

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Modifications

We reserve the right to modify these Terms and/or any other guidelines or policies affecting the Sites at any time, and such revisions will become effective upon the earlier of (I) posting of the revisions to the Sites, or (II) distribution of the revisions by electronic mail. For this reason, please visit this page on a regular basis and check the "Last updated on" date at the end of these Terms to ensure that you are familiar with the most recent version of these Terms. Your continued use of the Sites after the effective date of the revisions signifies your acceptance of any such revisions.

We reserve the right to modify, suspend or terminate, in our sole discretion, at any time, temporarily or permanently, for any or no reason and without notice to you, and without any liability to you, any portion of the Sites, including, without limitation, Your Account and/or Your User Information.

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Assignment

You agree that we may assign any of our rights, and/or transfer, subcontract or delegate any of our obligations, under these Terms. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.

 

Governing Law; Jurisdiction; Claim Limitation

You agree that the laws of the United States of America and the laws of the State of California, without regard to the principles of conflict of laws, will govern your use of the Sites, these Terms and all matters relating to your access to, and/or use of, the Sites, including all disputes between you and us and/or the CMH Parties. You irrevocably submit to the exclusive jurisdiction of, and venue in, the state and federal courts seated in Los Angeles County, California, and the corresponding appellate courts, in any related action or proceeding. YOU AGREE THAT ANY COURT ACTION ARISING OUT OF, OR RELATED TO, YOUR USE OF THE SITES, THESE TERMS AND ALL MATTERS RELATING TO YOUR ACCESS TO, AND/OR USE OF, THE SITES MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE FOR SUCH ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

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Entire Agreement

These Terms shall be deemed to include all other notices, policies, disclaimers and other terms and conditions contained in the Sites, including, without limitation, our Privacy Policy and Additional Terms; provided, however, that these Terms shall prevail in the event of a conflict with any such other documents. Any rights not expressly granted in these Terms are reserved to us and to the CMH Parties. These Terms constitute the entire agreement between you and us and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us, with respect to your use of the Sites and all matters relating to your access to, and/or use of, the Sites. A printed version of these Terms and of any notice given in electronic form shall be admissible in any and all judicial or administrative proceedings based upon or relating to these Terms to the same extent as other business documents and records originally generated and maintained in printed form. If any part of these Terms is determined to be invalid or unenforceable under applicable law including, without limitation, the warranty disclaimers and liability limitations stated above, then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in full effect.

 

© 2013 CMH Records, Inc. All Rights Reserved.
Last updated on January 21st, 2013