YOUR DUDE RECORDS

TERMS OF USE

Last Revised: 1-17-2024

We are Your Dude Records LLC, its owners, members, and employees, (sometimes referred to in these Terms of Use as “us,” “we,” “our”). These Terms of Use apply to your access to, and use of, any content, services, or links on our website https://yourduderecords.com (the “Site”).

To use our Site and/or services provided through the Site (“Services”) you must be at least 18 years of age and fully competent to enter into the terms, conditions, obligations, representations, and warranties set forth in these Terms of Use. Your access to and use of the Site and Services is conditioned upon your acceptance of and compliance with these Terms of Use and our Privacy Policy LINK.  By continuing to use the Site or services we provide through the Site, you acknowledge acceptance of, and agreement to, these Terms of Use as well as our Privacy Policy. If you do not agree to comply with these Terms of Use or Privacy Policy then you do not have permission to access our Site or utilize our services provided through the . 

If you use our Services you agree that we can send you emails or text messages regarding our Services. With respect to any SMS/MMS texts, your carrier’s normal rates and fees, including standard message and data rates, apply and you are solely responsible for the cost thereof. We typically only send emails in response to information you request so the number of emails or texts will vary depending on your activity relating to the Services. To opt out of receiving SMS/MMS messages from us, text STOP on the link provided in the text message. To stop receiving emails you may unsubscribe within the email that was sent to you.

All our content on the Site is copyrighted and may not be used, copied, or reproduced without our prior written consent and in many cases the consent of the Artist providing such content. Also, “Your Dude Records” is a trademark owned by us. All rights are reserved. Our content may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.

You authorize us to charge you for the Services through the selected payment method we agree to when you wish to become a Member. Certain Payment Methods, such as credit cards and debit cards, may involve agreements between you and the financial institution, credit card issuer or other provider. If we do not receive payment from such a provider you agree to directly pay all amounts due upon demand.

In order to access some features of our Site, you may have to create a personal membership account and become a member (“Member”). You agree to provide accurate and complete information in creating such account. You may not use an account of another person without Your Dude Records’ permission. You agree that you are responsible for actions and submissions under your account. We are not responsible for any use or misuse of any content you provide on our Site.  If you no longer desire to be a Member, you need to send an email to contact@yourduderecords.com and  we will promptly remove your information from the Site. However, there will be no refunds for prepaid memberships. After your membership is canceled, or if it is otherwise terminated, all the Terms of Use that by their nature may survive termination of the Services (such as indemnification) shall be deemed to survive such termination. Your State law may provide certain state specific information relating to cancellation that we will abide by as applicable.  

RULES

By accessing the Site and using the Services you agree to abide by these Rules. You will not (i) use the Site or Service in any unlawful manner or in a manner that is harmful to or violates the rights of others: (ii) use the Site or Services for any purpose other than their intended purpose; (iii) use the Site in any manner that could disrupt, damage, disable, overburden, impair or affect the performance of the Site by using scripts, bots, or other automated technology or attempt to interfere with our computer systems or bypass our security measures or try to, or access any portion of the Site not open to the public; (iv) upload any viruses, trojan horse, worms, time bombs, cancelbots, or other harmful, or disruptive codes, components or devices, or other malware or software agents through the Site.

You will not post, transmit or deliver any content that violates any applicable law, rule, or regulation. By this we are referring to content that: (i) is obscene, defamatory, abusive, threatening, harassing, inflammatory, inaccurate, misrepresentative, fraudulent or illegal; (ii) promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party without obtaining proper permission first; (iv) contains video, audio, photographs, or images of another person without his or her express written consent; and/or (v) that violates anyone’s right of privacy or publicity or restricts or inhibits any person from using or enjoying the Site and Services.

USER CONTENT

“User Content” is content that someone (other than us) provides through the Site or through the Service. Member information and content that is voluntarily submitted through the Site is considered User Content, as well as any messages, text, photos, video, music, and other things to name a few.  You are solely responsible for any User Content that you provide to us or others through the Services or Site. 

We have rules, and we endeavor to enforce them but we cannot, and do not take responsibility for, or assume liability for, any User Content posted by you or others that may result in any loss or damage. We are not responsible nor liable for any infringement, defamation, slander, libel, falsehoods, obscenity, pornography, or profanity. Also, we are not responsible for any inaccurate, misleading, incomplete, or false information associated with User Content.

While we have no obligation to review or control, monitor User Content, by using the Site and/or Services, you agree that we have, at our sole discretion, the right to edit, refuse, or delete User Content for any reason or no reason whatsoever, at any time, without any notice.

We claim no ownership or control over your User Content, except as otherwise specifically provided herein. You agree we can provide User Content pursuant to these Terms of Use. By providing User Content, you grant us and our successors and assigns an irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide right and license to use, copy, publicly display, reproduce, distribute, publish, and list such User Content on our site and in any and all medium now existing or existing in the future relating to the Site and our Services. You represent and warrant that the User Content will not infringe or violate any third-party rights, including without limitation any intellectual property rights or rights of privacy or publicity. By providing User Content, you hereby release us from any claims that such use, as authorized above, violates any of your rights or the rights of others, and you understand that you will not be entitled to any additional compensation for any use of your User Content.

You are solely responsible for the consequences of posting or publishing your User Content. By submitting User Content you agree, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use the User Content and grant licenses for their use. You expressly agree and warrant that you will not submit material that is subject to protection under the copyright laws of the United States or any foreign country, or otherwise subject to third-party proprietary rights unless you are the owner of such rights or have permission from their rightful owner.

These Terms and the posting of User Content by you does not create any agency, partnership, joint venture, employment, or franchisee relationship between you and Us.

MERCHANDISE

All Your Dude Records merchandise are provided “AS-IS”. Merchandise ordered through the Site will be sent to the customer through third party delivery services. When you purchase merchandise or make payments through the Site we do not collect the payment information. We use the STRIPE software/application in order for users to connect to financial institutions. If you connect using STRIPE you also agree and acknowledge that the personal and financial information you provide through your financial institution will be treated in accordance with STRIPE terms and conditions and its privacy policy, the details of which can be found at https://stripe.com. We are not affiliated with STRIPE. If you wish to make payments through STRIPE, you may be asked to supply certain information, including credit card or other payment mechanism information. You agree to hold us harmless for any loss or damage of any sort incurred as a result of your dealings through STRIPE.

THIRD PARTIES

We make no claim or representation or warranties regarding, and accept no responsibility for, the quality, content, nature, completeness, or reliability of third-party sites. If we send a link to these third-party services, we do so simply as a convenience, and while we may utilize these sites there is no affiliation, endorsement, or adoption by us of the performance, content, or information you get from these sites. You should review the applicable terms and policies, including privacy policy of any of these sites. You access any such third-party Site and services at your own risk. 

DISCLAIMER OF WARRANTIES

By using our Site and Services you agree to the following:

ALL OF OUR PRODUCTS, SERVICES  AND MATERIALS ARE PROVIDED ON AN "AS IS'' BASIS, WITHOUT WARRANTY. WE DO NOT GUARANTEE ANY PARTICULAR RESULT THROUGH OUR SERVICES. YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR DUDE RECORDS LLC, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, SERVICES AND YOUR USE THEREOF, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. 

YOUR DUDE RECORDS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S AND WE ASSUME NO LIABILITY OR RESPONSIBILITY RESULTING FROM (1) YOUR ACCESS TO, AND USE OF, THE SITE/SERVICES; (2) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SITE, ITS SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, OR USER CONTENT OR INFORMATION STORED THEREIN, OR ON THE CLOUD; (3) ANY VIRUSES WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; (4) THAT YOUR USE OF THE SITE OR SERVICES WILL BE SECURE, UNINTERRUPTED, COMPLETE, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS; OR (5) THAT ANY DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED. WE DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES OR THE DELIVERY OF ANY MESSAGES.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES AND TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE ABOVE MAY NOT FULLY APPLY TO YOU.

DISCLAIMER OF DAMAGES/LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES OR SITE, INCLUDING BUT NOT LIMITED TO ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM US EVEN IF SUCH DAMAGES WERE OR SHOULD HAVE BEEN FORESEEABLE. UNDER NO CIRCUMSTANCES WILL OUR AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH YOUR USE OF THE SERVICES EXCEED THE AGGREGATE AMOUNT OF FEES YOU PAID FOR SERVICES DURING THE IMMEDIATELY PRECEDING YEAR. 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THE IMMEDIATELY ABOVE SECTIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

In using the Site, and to the fullest extent allowed by applicable law, you agree to defend, indemnify, and hold harmless Your Dude Records, LLC, its officers, members, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to court related costs and reasonable attorney's fees) arising from: (i) your use of and access to the Site and/or our Services; (ii) the conduct of any other user or member; (iii) your violation of any term of these Terms of Use; or (iv) your violation of any third-party right, including without limitation any copyright, infringement, property, or privacy right.

USE OUTSIDE OF USA

We are located in the United States of America (“USA”), subject to laws of the USA, and all our primary data storage and processing facilities are in the USA. If you are accessing the Site from another country, please note that all data we collect will be transmitted outside of your country and into the USA, where it will reside and be processed. Your data may pass through or be temporarily stored or processed in countries beyond your country and the USA. By continuing to access this Site, you explicitly consent to have your data so transmitted and stored. We make no representations that the Site is appropriate or available for use in locations outside of the USA. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law. If you are using the Site or Services outside the U.S.A., then the following shall apply: (a) you confirm that this Agreement and all related documentation is and will be in the English language; (b) you are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export or use the Site or Services accessed or used in connection with the Site, and you represent that you have complied with any regulations or registration procedures required by applicable law to make this license enforceable. 

STATE LAW

These Terms of Use are governed by the substantive laws of the State of Ohio, without respect to any conflict of laws principles. Any claim or dispute between you and us, that arises in whole or in part from the Site shall be determined by a court of competent jurisdiction located in Montgomery County, Ohio.  YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION WILL BE PERMANENTLY WAIVED. 

YOU AGREE WITH US THAT ANY AND ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY USING THE SERVICES, WE (YOU AND US) ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, OR OTHER REPRESENTATIVE PROCEEDING.

PER THE REQUIREMENTS OF SEVERAL STATES, SUCH AS, ARIZONA, CALIFORNIA, COLORADO, CONNECTICUT, ILLINOIS, INDIANA, IOWA, MINNESOTA, NEW YORK, NORTH CAROLINA, OHIO, RHODE ISLAND AND WISCONSIN, YOU MAY CANCEL YOUR SERVICES WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY FOLLOWING THE DATE YOU SUBSCRIBE TO THE SERVICES EXCLUDING SUNDAYS AND HOLIDAYS. NOTICE OF CANCELLATION NEEDS ONLY STATE YOUR DESIRE TO CANCEL. TO CANCEL, EMAIL US AT: contact@yourduderecords.com

GENERAL TERMS

We may amend our Terms of Use at any time. If we amend the Terms of Use, we will update the “last revised” date at the top of this page. Your continued use of the Site and Services after this date will constitute acceptance by you of the new Terms of Use. As a result, you should consistently review these Terms of Use 

If you are dissatisfied with the Site or Services, or you do not agree with any part of these Terms of Use, then your sole and exclusive remedy is to discontinue using the Site and/or Services.

We do not knowingly collect or solicit personal information from anyone under the age of 18. If we learn that we have collected personal information from a child under age 18 without verification of parental consent, we will promptly delete that information. 

Please refer to our Privacy Policy at LINK for information about how we collect, store, use, and discloses personally identifiable information. You understand and agree that if you provide any content, information, or material of a personal or private nature such content, information and materials will be shared with others and you hereby consent to such sharing. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data and to have your personally identifiable information collected, used, transferred to, and processed in the United States or any other country in which we may process your data or make the Services available. 

Our failure to enforce any right or provision of these Terms and Use, including any Rules, will not be considered a waiver of those rights. If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court, the remaining provisions will remain in effect. 

We reserve the right to terminate, in our sole discretion, users and Members who are deemed to have violated the Terms of Use.

If you have any questions or comments about our Terms of Use contact us at contact@yourduderecords.com