TERMS AND CONDITIONS

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND THE OUT CLUB STATING THE TERMS THAT GOVERN YOUR USE OF THE OUT CLUB. THIS AGREEMENT - TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, AND ALL OF THE OUT CLUB'S RULES AND POLICIES - COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND THE OUT CLUB. ACCESS TO AND USE OF THIS WEBSITE AND THE PRODUCTS AND SEARCH SERVICES AVAILABLE THROUGH THIS WEBSITE (COLLECTIVELY, THE "SERVICES") ARE SUBJECT TO THE FOLLOWING TERMS, CONDITIONS AND NOTICES. BY USING THE SERVICES, YOU ARE AGREEING TO ALL OF THESE TERMS, CONDITIONS AND NOTICES WITHOUT MODIFICATION. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND ACCESS TO THE OUT CLUB MAY BE REFUSED FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.

  1. Definition of The Out Club service. The Out Club permits you to purchase physical copies of sound recordings and downloads of digital content - such as sound recordings or videos - under certain terms and conditions as set forth in this Agreement.
  2. Age requirements for use of the Service. This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.
  3. Objectionable Material. You understand that by using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Service at your sole risk and that The Out Club shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. Content types (including genres, sub-genres, and the like) and descriptions are provided for convenience, and you acknowledge and agree that The Out Club does not guarantee their accuracy.
  4. System Requirements. Use of the Service requires a compatible device, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service.
  5. Policies and Rules. Your use of the Service and purchases made through it are subject to The Out Club's Terms of Sale, which can be readily viewed on the Service, and any end-user agreements or other terms and conditions required for use of the Service, all of which are hereby made a part of this Agreement. If you have not already read The Out Club's Terms of Sale, you should do so now.
  6. The Out Club's Privacy Policy. Except as otherwise expressly provided for in this Agreement, the Service is subject to The Out Club's Privacy Policy, which is expressly made a part of this Agreement. If you have not already read The Out Club's Privacy Policy, you should do so now.
  7. Your Information. You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. The Out Club may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that The Out Club may store and use the Registration Data you provide (including credit card information) for use in maintaining your accounts and billing fees to your credit card.
  8. User Account and Security. As a registered user of the Service, you may receive or establish an account ("Account"). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else's Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify The Out Club of any unauthorized use of your Account or any other breach of security. The Out Club shall not be responsible for any losses arising out of the unauthorized use of your Account.
  9. Purchase of The Out Club Content
    1. Product Requirements. You acknowledge that use of Products may require the use of other hardware and software products (e.g., the ability to make copies of Products on physical media and render performance of Products on authorized digital player devices), and that such hardware and software is your responsibility. Once a Product is purchased and you receive the Product, it is your responsibility not to lose, destroy, or damage the Product, and The Out Club shall be without liability to you in the event of any loss, destruction, or damage.
    2. You acknowledge that some aspects of the Service and Products entails the ongoing involvement of The Out Club. Accordingly, in the event that The Out Club changes any part of the Service or discontinues the Service, which The Out Club may do at its election, you acknowledge that you may no longer be able to use Products to the same extent as prior to such change or discontinuation, and that The Out Club shall have no liability to you in such case
  10. Territory. The Out Club is available in the United States, its territories and AFO-FPO addresses. Use of The Out Club from outside of the available territory is subject to additional shipping, handling and processing fees.
  11. Agreement to Pay.
    1. Payment for Products. You agree to pay for all Products you purchase through the Service, and that The Out Club may charge your credit card for any Products purchased, and for any additional amounts (including any taxes and fees, as applicable) as may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING THE OUT CLUB WITH A VALID CREDIT CARD OR PAYPAL ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card, you designate during the registration process. If you want to designate a different credit card or if there is a change in your credit card status, you must change your credit card information online on your user preferences page of the Service. (There may be a temporary disruption of your access to the Service until The Out Club can verify the validity of the new credit card information.)
    2. Right to Change Prices and Availability of Products. Prices and availability of any Products are subject to change at any time.
    3. Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
    4. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
  12. Delivery of Products. On occasion, technical problems may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to Product that is not delivered within a reasonable period will be either replacement of such Product, or refund of the purchase price paid for such Product, as determined by The Out Club.
  13. Refunds
    1. All download sales are final.
    2. CDs, if defective, may be returned within 30 days for replacement or, if not available, for a refund of the full purchase price to be credited to the credit card or PayPal account used to make said purchase.
  14. Intellectual Property
    1. Acknowledgement of Ownership. You agree that the Service, including but not limited to graphics, audio clips, and editorial content, contains proprietary information and material that is owned by The Out Club and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
    2. Removal of The Out Club Content or Other Materials. Notwithstanding any other provision of this Agreement, The Out Club and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Service at any time without notice. In no event will The Out Club be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement. The Out Club may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.
    3. Copyrights. All copyrights in and to the Service, including the compilation of content, postings, links to other Internet resources, and descriptions of those resources, and software, are owned by The Out Club and/or its licensors. THE USE OF ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
    4. Trademarks. The Out Club, The Out Club logo, and other The Out Club trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of The The Out Club, Inc. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
  15. Termination.
    1. Termination by The Out Club. If you fail, or The Out Club suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide The Out Club with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, or infringement or other violation of third parties' rights, The Out Club, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) preclude access to the Service (or any part thereof).
    2. Termination of the Service. The Out Club reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and The Out Club will not be liable to you or to any third party should it exercise such rights.
  16. General Compliance with Laws. The Service is controlled and operated by The Out Club from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.
  17. Enforcement of These Terms. The Out Club reserves the right to takes steps The Out Club believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to The Out Club's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights). You agree that The Out Club has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as The Out Club believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to The Out Club's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights).
  18. No Responsibility for Third-Party Materials or Web sites. Certain content, Products, and services available via the Service may include materials from third parties. In addition, The Out Club may provide links to certain third party Web sites. You acknowledge and agree that The Out Club is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. The Out Club does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or Web sites, or for any other materials, products, or services of third parties. Links to other Web sites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that The Out Club is not in any way responsible for any such use by you.
  19. Disclaimer of Warranties; Liability Limitations.
    1. THE OUT CLUB DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME THE OUT CLUB MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
    2. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY THE OUT CLUB) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
    3. IN NO CASE SHALL THE OUT CLUB, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, 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 (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE OUT CLUB'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
    4. THE OUT CLUB SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICE, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND THE OUT CLUB HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
    5. THE OUT CLUB DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND THE OUT CLUB DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.
  20. WAIVER AND INDEMNITY. BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD THE OUT CLUB, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY THE OUT CLUB AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM THE OUT CLUB, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF THE OUT CLUB'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
  21. Changes. The Out Club reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of The Out Club following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
  22. Notices. The Out Club may send you notice with respect to the Service by sending an email message to the email address listed in your The Out Club Account contact information, by sending a letter via postal mail to the contact address listed in your The Out Club Account contact information, or by a posting on the The Out Club. Notices shall become effective immediately.
  23. Governing Law. The laws of the State of New York, excluding its conflicts of law rules, govern these Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with The Out Club or relating in any way to your use of the Service resides in the courts of the State of New York.
  24. Miscellaneous. These Terms of Service constitute the entire agreement between you and The Out Club and govern your use of the Service, superseding any prior agreements between you and The Out Club. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The Out Club's failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. The Out Club will not be responsible for failures to fulfil any obligations due to causes beyond its control.