1. ACCEPTANCE OF TERMS
This Terms of Service Agreement (the “TOS”) is by and between Relic Record LLC (“RelicRecord.com”) and the person acknowledging this agreement. By using the content and/or services presented on this website, the user is acknowledging his/her acceptance of the terms stated in this Agreement. This Agreement covers both member and non-member use of the RelicRecord.com site, including any content or services accessible through such site. RelicRecord.com may change the Terms of Service from time to time. By continuing to use the Service following such modifications, you agree to be bound by such modifications to the Terms of Service. The use by you of any content or services accessible through this site may be subject to your acceptance of separate agreements with RelicRecord.com or third parties.
2. DESCRIPTION OF RELICRECORD SERVICES
RelicRecord maintains a website that contains content and offers software services (the “RelicRecord Services”) that appeal to collectors and hobbyists which may be accessed through any various medium or device now known or hereafter developed. You also understand and agree that the RelicRecord Services may include advertisements and that these advertisements are necessary for RelicRecord to provide the RelicRecord Services. You also understand and agree that the RelicRecord Services may include certain communications from RelicRecord, such as service announcements, administrative messages, and the RelicRecord Newsletter, and that these communications are considered part of RelicRecord membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current RelicRecord Services, including the release of new RelicRecord properties, shall be subject to the TOS. You understand and agree that the RelicRecord Services is provided “AS-IS” and that RelicRecord assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the RelicRecord Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the RelicRecord Services.
You understand that the technical processing and transmission of the RelicRecord Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the RelicRecord Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the RelicRecord Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the RelicRecord Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or RelicRecord has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, RelicRecord has the right to suspend or terminate your account and refuse any and all current or future use of the RelicRecord Services (or any portion thereof).
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the RelicRecord Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify RelicRecord of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. RelicRecord cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, photographs, graphics, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not RelicRecord, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the RelicRecord Services. RelicRecord does not control the Content posted via the RelicRecord Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the RelicRecord Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will RelicRecord be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the RelicRecord Services.
You agree to not use the RelicRecord Services to:
a) upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
b) harm minors in any way;
c) impersonate any person or entity, including, but not limited to, a RelicRecord official, RelicRecord Services users, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the RelicRecord Service;
e) upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
g) upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
h) upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the RelicRecord Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
j) interfere with or disrupt the RelicRecord Services or servers or networks connected to the RelicRecord Services, or disobey any requirements, procedures, policies or regulations of networks connected to the RelicRecord Services, including using any device, software or routine to bypass our robot exclusion headers;
k) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
l) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
m) “stalk” or otherwise harass another; and/or
n) collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
You acknowledge that RelicRecord may or may not pre-screen Content, but that RelicRecord and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the RelicRecord Services. Without limiting the foregoing, RelicRecord and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by RelicRecord or submitted to RelicRecord, including without limitation information in RelicRecord Message Boards and in all other parts of the RelicRecord Services.
You acknowledge, consent and agree that RelicRecord may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of RelicRecord, its users and the public.
You understand that the RelicRecord Services and software embodied within the RelicRecord Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by RelicRecord and/or content providers who provide content to the RelicRecord Services. You may not attempt to override or circumvent any of the usage rules embedded into the RelicRecord Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the RelicRecord Services, in whole or in part, is strictly prohibited.
7. INTERSTATE NATURE OF COMMUNICATIONS ON RELICRECORD NETWORK
When you register with RelicRecord, you acknowledge that in using the RelicRecord Services to send electronic communications (including but not limited to uploading photos and files, search queries, sending messages to RelicRecord comment sections, email, and other Internet activities), you will be causing communications to be sent through RelicRecord’s computer networks, portions of which are located in the United States and portions of which are located abroad. As a result, and also as a result of RelicRecord’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE RELICRECORD SERVICES
RelicRecord does not claim ownership of Content you submit or make available for inclusion on the RelicRecord Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the RelicRecord Services, you grant RelicRecord the following worldwide, royalty-free and non-exclusive license(s), as applicable:
a) With respect to Content you submit or make available for inclusion on publicly accessible areas of RelicRecord, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the RelicRecord Services solely for the purposes of providing and promoting the specific area of RelicRecord to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the RelicRecord Services and will terminate at the time you remove or RelicRecord removes such Content from the RelicRecord Services.
b) With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the RelicRecord Services, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the RelicRecord Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the RelicRecord Services and will terminate at the time you remove or RelicRecord removes such Content from the RelicRecord Services.
c) With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the RelicRecord Services, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
“Publicly accessible” areas of the RelicRecord Services are those areas of the RelicRecord properties that are intended by RelicRecord to be available to the general public. By way of example, publicly accessible areas of the RelicRecord Services would include RelicRecord Blog and Comment Sections that are open to both members and visitors. However, publicly accessible areas of the RelicRecord Services would not include portions of RelicRecord that are limited to members.
9. CONTRIBUTIONS TO RELICRECORD
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to RelicRecord through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) RelicRecord is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) RelicRecord shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) RelicRecord may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of RelicRecord without any obligation of RelicRecord to you; and (f) you are not entitled to any compensation or reimbursement of any kind from RelicRecord under any circumstances.
You agree to indemnify and hold RelicRecord and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the RelicRecord Services, your use of the RelicRecord Services, your connection to the RelicRecord Services, your violation of the TOS, or your violation of any rights of another.
11. NO COMMERCIAL REUSE OF RELICRECORD SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the RelicRecord Services (including Content, advertisements, Software and your RelicRecord ID).
12. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that RelicRecord may establish general practices and limits concerning use of the RelicRecord Services, including without limitation the maximum number of days that uploaded Content will be retained by the RelicRecord Services, the maximum size of any uploaded content retained by the RelicRecord Services, the maximum disk space that will be allotted on RelicRecord’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the RelicRecord Services in a given period of time. You agree that RelicRecord has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the RelicRecord Services. You acknowledge that RelicRecord reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that RelicRecord reserves the right to modify these general practices and limits from time to time.
13. MODIFICATIONS TO RELICRECORD SERVICES
RelicRecord reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the RelicRecord Services (or any part thereof) with or without notice. You agree that RelicRecord shall not be liable to you or to any third party for any modification, suspension or discontinuance of the RelicRecord Services (or any part thereof).
You agree that RelicRecord may, without prior notice, immediately terminate, limit your access to or suspend your RelicRecord account and access to the RelicRecord Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the RelicRecord Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the RelicRecord Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in RelicRecord’s sole discretion and that RelicRecord shall not be liable to you or any third party for any termination of your account or access to the RelicRecord Services.
Termination of your RelicRecord account includes any or all of the following: (a) removal of access to all or part of the offerings within the RelicRecord Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the RelicRecord Services.
15. DEALINGS WITH ADVERTISERS
RelicRecord.com participates in Amazon Services LLC Associates Program, and other affiliate advertising programs, designed to provide a means for publishers to earn fees by linking to Amazon.com and affiliated sites.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the RelicRecord Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that RelicRecord shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the RelicRecord Services.
16. THIRD PARTY INFORMATION; LINKS FROM THE WEBSITE
17. RELICRECORD’S PROPRIETARY RIGHTS
You acknowledge and agree that the RelicRecord Services and any necessary software used in connection with the RelicRecord Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the RelicRecord Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by RelicRecord or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the RelicRecord Services, such Content or the Software, in whole or in part.
RelicRecord grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the RelicRecord Services. You agree not to access the RelicRecord Services by any means other than through the interface that is provided by RelicRecord for use in accessing the RelicRecord Services.
18. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a) YOUR USE OF THE RELICRECORD SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE RELICRECORD SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RELICRECORD AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) RELICRECORD AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE RELICRECORD SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE RELICRECORD SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE RELICRECORD SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE RELICRECORD SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE RELICRECORD SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RELICRECORD OR THROUGH OR FROM THE RELICRECORD SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e) A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE RELICRECORD SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE RELICRECORD SERVICE. IMMEDIATELY DISCONTINUE USE OF THE RELICRECORD SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE RELICRECORD SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
19. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT RELICRECORD AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RELICRECORD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE RELICRECORD SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE RELICRECORD SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE RELICRECORD SERVICE.
20. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.
21. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
RelicRecord may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the RelicRecord Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the RelicRecord Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the RelicRecord Services in an authorized manner.
23. TRADEMARK INFORMATION
You agree that all of RelicRecord’s trademarks, trade names, service marks and other RelicRecord logos and brand features, and product and service names are trademarks and the property of Relic Record, LLC. (the “RelicRecord Marks”). Without RelicRecord’s prior permission, you agree not to display or use in any manner the RelicRecord Marks.
25. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
RelicRecord respects the intellectual property of others, and we ask our users to do the same. RelicRecord may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide RelicRecord’s Copyright Agent the following information:
a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
c) a description of where the material that you claim is infringing is located on the site;
d) your address, telephone number, and email address;
e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
RelicRecord’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
Relic Record, LLC.
C/O: Copyright Agent
126 Martin Circle
Royal Palm Beach, FL 33411
By email: firstname.lastname@example.org
27. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and RelicRecord and governs your use of the RelicRecord Services, superseding any prior version of this TOS between you and RelicRecord with respect to the RelicRecord Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other RelicRecord services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. You and RelicRecord each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of Florida without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and RelicRecord, shall be brought exclusively in the courts located in the county of Palm Beach, Florida or the U.S. District Court for the Southern District of Florida. You and RelicRecord agree to submit to the personal jurisdiction of the courts located within the county of Palm Beach, Florida or the Southern District of Florida, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of RelicRecord to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your RelicRecord account is non-transferable and any rights to your RelicRecord ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the RelicRecord Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to our Customer Care group.
Last updated March 4, 2021