ReadyToPlay Agreement for Custom Installers
This agreement (the “Agreement”) is a legal contract between Ready to Play (“RTP”) and Custom Installer as Registered on the ReadyToPlay website (“Company”) that governs the services to be provided by RTP to the Company for the benefit of its end user customer (“Customer”). These services are identified below and incorporated to this Agreement herein.
1. DESCRIPTION OF ELIGIBLE SERVICES
2. TERMS AND CONDITIONS
Company agrees to indemnify and hold harmless RTP, its affiliates, suppliers, service providers, distributors, officers, directors and employees from any claim or demand, including reasonable attorney’s fees, made by any third party arising out of or related to Company’s violation of this Agreement, or Company’s violation of any law, regulation or any third party right.
4. DISCLAIMER OF WARRANTIES
The services, products, content, software, hardware data and information (collectively, “Services”) are provided “AS IS,” without warranties of any kind. Except as expressly state herein, RTP expressly disclaims all warranties and/or conditions, express or implied, as to any matter whatsoever relating to RTP’s services, including, but not limited to the implied warranties and/or conditions of merchantability and fitness for a particular purpose, suitability, title, non-infringement, lack of viruses or correspondence to description. RTP makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Services or that the Services may be relied upon for any reason.
5. LIMITATION OF LIABILITY
Under no circumstances shall RTP be liable for any unauthorized use of RTP’s services, Customer’s materials or resulting digital music. Under no circumstances shall RTP be liable for any losses or damages whatsoever, whether in contract, tort or otherwise, from the use of, or reliance on, the Services. The right to damages against RTP under any cause of action arising from or related to the provision of services or products or shipment of any products by RTP shall be extinguished unless an action is brought within on (6 ) months of the date of order. Company is responsible for purchasing adequate shipping insurance when ever they ship CDs, Drives, or other material to RTP. RTP’s maximum liability for claims filed by Customer for lost or stolen CDs while they are in RTPs procession will not exceed $400 per order. Customer must provide a detailed list of CDs lost while in possession of RTP and claim must be filed within 30 days of receipt of original CDs and digital files.
a. If any provision of this Agreement is invalid or unenforceable under applicable law, the remaining provisions of this Agreement will continue in full force and effect.
Customer Warranty Understanding
Ready To Play (“RTP”) is committed to copyright protection and does not promote piracy of any kind. RTP converts every single CD provided by our customers and does not keep a backup copy of any music files. RTP also requires that customers take responsibility for ownership of their CDs and agree not to upload their music on to file sharing services after we digitize the collection.
By reading the following you warrant that: