Site Terms

These Terms of Use (“Terms of Use”) are between you and Tuff Gong Worldwide LLC and its corporate affiliates (collectively “the Company”), for the use of the www.tuffgongworldwide.com website (the “Website”) and other related sites owned and operated by the Company (collectively referred to as the “Company Sites”). The terms and conditions set forth in these Terms of Use, as well as our Privacy Policy, constitute the entire agreement between the Company, by and on behalf of its subsidiaries and affiliates, and users of the Website. By using any of the Company Sites, you signify that you have read, understand and agree to be bound by these Terms of Use. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the Terms of Use’s effective date. Your continued use of Company Sites after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access Company Sites. It is your responsibility to regularly review these Terms of Use.

LICENSE

You agree to use the Website only for purposes that are permitted by these terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). Subject to your performance of all of the provisions of these Terms of Use, the Company hereby grants you a limited, terminable, non-transferable, personal, non-exclusive license to access and use the Website solely as provided herein. You may download material displayed on the Website for non-commercial, informational, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, broadcast, publicly perform, transmit, reuse, re-post, or use the content of the Website for public or commercial purposes, including the text, images, audio, and video without the Company’s prior written permission. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with the Company. Your right to use the Website is not transferable. You acquire no rights or licenses in or to the Website and materials contained therein other than the limited right to access and utilize the Website in accordance with these Terms of Use.

When you purchase and/or download audio or video content from the Website, the Company grants you a limited, revocable, non-exclusive, non-transferable license to download or stream such content to your computer and/or your mobile device solely for your personal non-commercial use. You may not copy, reproduce, distribute or use such content in any other manner. You may not sell, transfer, lease, modify, distribute or publicly perform such content in any manner and you may not exploit it commercially.

USER REPRESENTATIONS AND WARRANTIES

By using the Website, you represent, warrant and covenant that you: (i) have the power and authority to enter into and be bound by the Terms of Use; (ii) shall not use any rights granted hereunder for any unlawful purpose; (iii) shall use the Website only as set forth in these Terms of Use; and (iv) are thirteen years of age or older. If you are under the age of 13, you are not allowed to use the Website. We recommend that persons under 18 get parental permission to use the Website. SOME AREAS OF THE WEBSITE MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.

INTELLECTUAL PROPERTY

You acknowledge that the Website has been developed, compiled, prepared, revised, selected and arranged by the Company and others through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of the Company and others. It is our policy to enforce our intellectual property rights to the fullest extent permitted under law. The trademarks, logos and service marks (“Marks”) displayed on the Website are the property of the Company or third parties and cannot be used without the written permission of the Company or the third party that owns the Marks. Without limitation, Tuff Gong Worldwide™ is a trademark owned by Fifty-Six Hope Road Music Limited. The Website is also protected as a collective work or compilation under U.S. copyright and other foreign and domestic laws and treaties. Users are prohibited from using (except as expressly set forth herein), transferring, disposing of, modifying, copying, distributing, transmitting, broadcasting, publicly performing, displaying, publishing, selling, licensing, or creating derivative works of any content on the Website for commercial or public purposes. Nothing contained herein shall be construed by implication, estoppel or otherwise as granting to the user an ownership interest in any copyright, trademark, patent or other intellectual property right of the Company or any third party.

The Company exclusively owns all worldwide right, title and interest in and to all documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions and other materials included within the Website and related to the Website and all modifications and derivative works thereof, and all intellectual property rights related thereto.

COPYRIGHT INFRINGEMENT POLICY

The Company respects the rights of all copyright holders and in this regard, the Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Company’s Copyright Agent the following information: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; a description 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; a description 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; your address, telephone number, and email address; a written statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The Company’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Tuff Gong Worldwide, 10153 1/2 Riverside Drive #422, Toluca Lake, CA 91602; Attn: Copyright Agent. The Company will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

USER CONDUCT

You agree that you will not engage in any activity that interferes with or disrupts the (or the servers and networks which are connected to the Website) or use any service to manipulate your CPU to gain distinct advantage on any of our programs.

Unless you have been specifically permitted to do so in a separate agreement with us, you agree that you will not reproduce, duplicate, copy, sell, trade or resell any content on the Website for any purpose.

Please note that at any time, we may, in our sole discretion, terminate our legal agreement with you and deny you use of our Website if:

(A) you have breached any provision of these terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of these terms); or

(B) we are required to do so by law (for example, where the provision of our services to you is, or becomes, unlawful); or

You further agree that your use of the Website shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree not to use the Website in order to:

post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual, hateful or otherwise objectionable;
post spam links, and/or personal referral links in an aggressive, wanton, or otherwise inappropriate fashion both on TuffGongWorldwide.com or on any other public site on the web;
defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, hatefully, racially, ethnically or, in a reasonable person’s view, otherwise offensive or objectionable;
upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Website, other users’ computers, or the access to or functionality of the Website;
violate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Website in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity)
attempt to obtain personal information from other users
improperly use support channels or complaint buttons to make false reports to the Company
develop, distribute, or publicly inform other members of “auto” software programs, “macro” software programs or other “cheat utility” software program or applications in violation of the applicable License Agreements
exploit, distribute or publicly inform other members of any error, miscue or bug that gives an unintended advantage
violate any applicable laws or regulations, or promote or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Website.

You agree that the Company may discontinue the Website or change the content of the Website at any time, for any reason, with or without notice to you, without liability.

If you download or copy music files from the Website, you agree to use any music files that you download and copy in compliance with the following rules (“Usage Rules”):

Your use of the music files is conditioned upon your prior acceptance of these Terms of Use;
You shall be authorized to use the music files only for personal, noncommercial use;
You may not combine a music file with any video or image file to create a multimedia work;
You may not use a music file as a musical “ringer” in connection with a phone or phone calls, without the Company’s permission;
The download and copy of a music file does not transfer to you any commercial or promotional use rights in the music file; and
You agree that your download and copy of music files constitutes your acceptance of and agreement to these Terms of Use and these Usage Rules, and that any use of the music files other than in accordance with these Usage Rules may constitute a copyright infringement.

The Company reserves the right to modify the Usage Rules at any time.

USER CONTENT

The Company does not claim any ownership rights in any photographs, pictures, videos, content, data, text, software, music, sound, links, graphics, or any other materials that you provide, submit, publish or display (hereinafter, “post”) on or through the Website or otherwise submit to the Company (collectively the “User Content”), including without limitation ideas, comments, suggestions or other information that you provide to us regarding the Website or products provided on the Website. You are solely responsible for the User Content that you post on or through the Website or otherwise submit to the Company. You understand and agree that the Company may review and delete or remove any User Content that, in the sole judgment of the Company, violates these Terms of Use or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users, the Company or others.

By posting User Content to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to the Company a royalty-free, irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide right and license (with the right to sublicense) to use, copy, adapt, modify, perform, publish, display, reformat, translate, excerpt (in whole or in part) and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, in any form, media, or technology now known or later developed, and to grant and authorize sublicenses of the foregoing, all on a non-confidential and unrestricted basis, without compensation or any other obligation whatsoever to you. You represent and warrant that your User Content is accurate, true, non-defamatory and non-infringing, and that it will not cause injury to any person or entity; you further represent and warrant that the holder of any rights in such content, including intellectual property rights, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also hereby waive any moral rights to the User Content.

DISCLAIMERS REGARDING USER CONTENT

When using the Website, you may be exposed to content from a variety of sources, and you acknowledge and agree that the Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to User Content. You understand that all User Content is the sole responsibility of the person from whom/which such content originated, and that the Company does not control, and is not responsible for content made available through the Website, and that by using the Website, you may be exposed to User Content that is inaccurate, misleading, incomplete, offensive, indecent, or otherwise objectionable. User Content does not necessarily represent the views of, nor should they be construed as an endorsement by, the Company or Ziggy Marley. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, and that under no circumstances will the Company be liable in any way for any User Content or for any loss or damage of any kind incurred as a result of the use of any User Content posted or otherwise made available via the Website. You acknowledge that the Company does not pre-screen, monitor or approve User Content, but that the Company shall have the right (but not the obligation) in its sole discretion to refuse, delete, or move any User Content that is available via the Website, for violating the letter or spirit of these Terms of Use or for any other reason. The Company shall have no obligation to resolve disputes among users or monitor the accuracy or proper use of any User Content.

LINKS TO OTHER WEBSITES AND INFORMATION ABOUT OTHER PRODUCTS AND SERVICES

The links found on this Website will let you leave our Website and go to sites operated by parties other than the Company. The linked sites are often not under the control of the Company and we are not responsible for the contents of any linked site or any link contained in a linked site that are not owned and operated by the Company, or any changes or updates to such sites. Such links by this Website to sites maintained by third parties do not constitute an endorsement, guaranty, or warranty by the Company, or any of its affiliates, of any third party or their content, nor the existence of a partnership, joint venture, agency, or other relationship between the Company, or any of its affiliates, and any linked third party or their content. The Company does not assume any responsibility or liability for the actions, product, content and/or information of these and other third parties and/or their web sites. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; INDEMNIFICATION

You agree that your use of the Website shall be at your sole risk. To the maximum extent permitted by law and unless restricted or prohibited by law, the Company, its officers, shareholders, directors, employees, and agents disclaim all guarantees, warranties and conditions, express or implied, in connection with the Website and your use thereof, including implied guarantees or warranties of title, merchantability or acceptable quality, fitness for a particular purpose or non-infringement, accuracy, authority, completeness, usefulness, and timeliness. To the fullest extent permitted by law, the Company makes no warranties, conditions or representations about the accuracy or completeness of the content of the Website of the content of any sites linked to the Website and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury (including death) or property damage, of any nature whatsoever, resulting from your access to and use of the Website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Website, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Website by any third party, and/or (vi) any errors or omissions in any content or for 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 Website. The Website is provided on an “as is, as available” basis.

To the maximum extent permitted by law, and unless restricted or prohibited by law, in no event will the Company, its directors, shareholders, officers, agents, contractors, partners and employees, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever including any lost profits or lost data arising from your use of the Website or other materials or content on, accessed through or downloaded from the Website, whether based on warranty, contract, tort (including without limitation negligence), or any other legal theory, and whether or not the Company has been advised of the possibility of these damages. UNDER NO CIRCUMSTANCES SHALL THE COMPANY’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE WEBSITE OR THESE TERMS OF USE EXCEED ONE THOUSAND DOLLARS ($1,000.00), REGARDLESS OF LEGAL THEORY OR FORESEEABILITY OR WHETHER ANY ACTION OR CLAIM IS BASED ON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN APPRISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES. The foregoing limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that the Company shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

You agree to indemnify, defend and hold the Company, and each of its directors, shareholders, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, action, cause of action, application, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that one of your user submissions caused damage to a third party; or (v) any content you post or share on or through the Website.

Sometimes when you use our Website, you may use a service or download a piece of software, or purchase goods, provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, these terms do not affect your legal relationship with these other companies or individuals.

APPLICABLE LAW

All matters relating to the Agreement and any dispute arising hereunder shall be governed by the laws of the State of California, without regard to its conflicts of law provisions.

DISPUTE RESOLUTION; ARBITRATION

Any dispute, claim or controversy between you and the Company, or any controversy or claim arising out of or related to these Terms of Use, or the breach thereof, shall be settled by final, binding and confidential arbitration administered by the American Arbitration Association, International Center for Dispute Resolution (“ICDR”), pursuant to the ICDR International Dispute Resolution Procedures’ International Arbitration Rules. The controversy or claim shall be settled by a single arbitrator. All hearings shall be held in Los Angeles, California. The hearing(s) shall be transcribed, with the costs to be paid by the parties equally, subject to reapportionment in favor of the prevailing party at the time of a final award. The arbitrator shall be bound to follow California law and case precedent as to the substantive issues presented in the arbitration. The arbitrator shall award the prevailing party all reasonable costs, expenses, attorneys’ fees, experts’ fees, transcription fees and arbitration fees incurred in connection with the arbitration proceeding. Judgment on the award rendered by the arbitrator may be entered in any federal or state court located in the County of Los Angeles, California. Any award issued by the arbitrator shall also be subject to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) and may also be enforced in any country that is a party to the New York Convention. Adherence to this paragraph regarding arbitration shall not limit the rights of the parties hereto to obtain any provisional remedy including, without limitation, injunctive or similar relief, from a court of competent jurisdiction as may be necessary to protect their respective rights and interests pending arbitration, particularly if necessary to avoid irreparable harm. Any party also shall have the right to bring an action in a court of competent jurisdiction to compel arbitration hereunder or to otherwise enforce this arbitration provision. The Federal Arbitration Act shall govern the terms of this arbitration provision, and California Code of Civil Procedure section 1280 et seq. shall govern the terms of this arbitration provision to the extent not inconsistent with the Federal Arbitration Act. TO THE EXTENT PERMITTED BY LAW, YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE.

International Users The Website is controlled, operated, and administered by the Company from its offices within the United States of America. The Company makes no representation that materials on the Website are appropriate or available for use at other locations outside of the United States and access to them from territories where the contents or products available through the Website are illegal is prohibited. You may not use the Website or export the content or products in violation of U.S. export laws and regulations. If you access any Company Sites from a location outside of the United States, you are responsible for compliance with all local laws.

NO WAIVER

No term or provision of these Terms of Use shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Company. Any consent by any party to, or waiver of, a breach by the other party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any different or subsequent breach.

SEVERABILITY

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, void or unenforceable for any reason, the remaining provisions not so declared shall nevertheless continue in full force and effect, but shall be construed in a manner so as to effectuate the intent of these Terms as a whole, notwithstanding such stricken provision or provisions.

ASSIGNMENT

The Company may assign, transfer and/or sublicense these Terms of Use at any time. You may not assign or transfer these Terms of Use.

TERMS AND CONDITIONS