Terms of Use

Important! Please carefully read these Terms of Use and Privacy Rights and Copyright Policy (collectively, ‘Terms of Use’) before using this site, as use of the site is conditional upon acceptance of these terms, which affect your legal rights and obligations. Do not use this site if you do not agree to be bound by these Terms of Use.

Flood Control Development LLC, (‘Basura Musical,’ ‘we,’ ‘our,’ or ‘us’) owns and controls basuramusical.com (the ‘Site’) regardless of how, when or where the Site is accessed or used by you, whether via personal computer, mobile device or otherwise. These Terms of Use set forth the terms and conditions governing your use of the Site. These Terms of Use only apply to this Site, and not to any other web site or any offline activities by Basura Musical (unless specifically stated). We may change these Terms of Use at any time without notice so we encourage you to periodically check the Terms of Use and its effective date. Your continued use of our Site evidences your agreement to be bound by each of the then posted Terms of Use.

The Site discusses general principles of copyright. While Basura Musical uses reasonable efforts to include accurate and up-to-date information on the Site, the Site does not provide legal advice. Copyright law is complex and often dependent on the specific facts of a case. You should consult with an attorney if you have specific legal questions.

Table of Contents
Privacy Statement
Basura Musical’s Intellectual Property Rights and Limited License
Copyright and Trademarks
Submissions
Links and other Parties
Representations and Warranties
Disclaimer of Warranties
Termination
Limitation of Liability
Indemnity
Governing Law and Disputes
Severability
Waiver
Assignment
Modification

PRIVACY STATEMENT
We may automatically collect certain information about you when you visit our Site, such as IP Address (which is a number automatically assigned to your computer or mobile device when you use the Internet), how you use the Site, how you arrived at the Site or which pages you view (collectively, ‘Usage Information’). We may utilize such Usage Information for a variety of purposes, including to customize the Site based on users’ preferences, compile and analyze statistics and trends including the number of Site visitors, diagnose problems with the Site’s server and otherwise administer, operate and improve the Site.

We may utilize various technologies that may collect Usage Information, including cookies, web beacons and embedded scripts such as Google Analytics. Cookies are small files that a web site transfers to your computer for many purposes such as facilitating your web page display preferences and web site login features. While most browsers are set up to accept cookies, you can configure your browser to refuse cookies. However, if you decline to accept the Site’s cookies, you may not be able to take advantage of or participate in certain features of this Site. We may also include small graphic images or other web programming code called web beacons (also known as ‘1x1 GIFs’ or ‘clear GIFs’) in the Site’s web pages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a web page can act as a web beacon. We may also utilize embedded script, which is programming code that is designed to collect information about your interactions with the Site, such as which links you click on. The code is temporarily downloaded onto your computer from our web server or a third party service provider, is active only while you are connected to the Site, and is deactivated or deleted thereafter.

We may share Usage Information with various third parties, including, without limitation, our business partners, our business affiliates, our clients and our vendors that provide support services to us. We reserve the right to disclose and transfer Usage Information to a subsequent owner, co-owner or operator of the Site, including, without limitation, any applicable databases and/or in connection with a corporate merger, consolidation, restructuring, reorganization, issuance of securities, the sale of substantially all of Basura Musical’s stock and/or assets or other corporate change, including, without limitation, during the course of any due diligence process. We also reserve the right to disclose any information if we believe that such action is necessary to (a) fulfill a government request, (b) conform with the requirements of the law or legal process, (c) assist in anti-piracy investigation and/or enforcement, (d) protect or defend our legal rights or property, our Site, or other users, (e) in an emergency to protect the health and safety of our Site’s users or the general public or (f) to verify or enforce compliance with these Terms of Use.

If you submit an inquiry through any of the contact e-mail addresses provided on this Site, we may use the information you submit to respond to your inquiry and we may save the information and/or e-mails for future reference.

BASURA MUSICAL’S INTELLECTUAL PROPERTY RIGHTS AND LIMITED LICENSE
All text, graphics, images, multimedia content or other material that you see or read on the Site and all related technology and code are either owned by Basura Musical (the ‘Basura Musical Materials’) or are being used by Basura Musical with permission granted to Basura Musical by third parties (the ‘Third Party Materials’) Collectively, the Basura Musical Materials and the Third Party Materials are referred to herein as the ‘Materials’, and may not be used except as provided in these Terms of Use. You may view one copy of the Materials on any single computer, and may print a single copy of the consumer facing web pages in the form that they appear (i.e., not the code) on screen, for your personal, noncommercial use, provided you keep intact any copyright, trademark and other proprietary and/or attribution notices on the Materials and do not modify the Materials in any way unless specifically otherwise authorized by us in writing. You may not copy or distribute the Third Party Materials, and may not use the Third Party Materials outside of the Site in any manner, without the express written permission from Basura Musical and the third party that owns the Third Party Material(s). You will not acquire any ownership rights in any Materials, and the limited license hereunder is revocable at our discretion. You may not modify, reuse, re-post, or use the Materials for any public or commercial purposes without Basura Musical’s and any applicable third party’s express written permission (as applicable). Any attempt by you to sublicense, transfer or assign the Material will be void and your limited license to use the Materials will automatically terminate.

Notwithstanding anything herein to the contrary, you have no ownership rights in any of the Site’s software or code, and your limited license to such is governed by this Section and limited to use of the Site as authorized hereunder. The Materials may include third party technology and content and any use thereof by you outside of the Site, or except as specifically authorized hereunder, may violate third party rights, and you agree to defend, indemnify and hold Basura Musical harmless with respect thereto. You further agree that you will not, and will not attempt to, copy or distribute the Materials, in whole or in part, to any other party (including by ‘mirroring’) or otherwise violate the single computer, non-commercial, non-transferable, non-exclusive, limited license, revocable at Basura Musical’s discretion, granted hereunder unless specifically permitted by Basura Musical. You may not intercept, emulate or redirect the proprietary protocols used by Basura Musical in connection with the Site, regardless of method, including, without limitation, adding unauthorized components or using a packet sniffer. In addition, you agree that you will not do any of the following while using the Site: (a) violate or attempt to violate the security of any portion of the Site, including, but not limited to, (i) access or attempt to access Materials not intended for you, (ii) attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (iii) attempt to interfere with or disrupt the Site, or the servers or networks that provide the Site, including, without limitation, via means of submitting a virus to the Site, overloading, ‘flooding,’ ‘mailbombing’ or ‘crashing’ the Site, or (iv) restrict or inhibit any other user from accessing or using the Site, including, without limitation, by means of hacking or defacing any portion of the Site; (b) submit any virus, worm, ‘Trojan Horse,’ ‘Easter egg,’ ‘time bomb,’ spyware, or any other computer code, file, or program that may or is intended to damage, hijack or otherwise interfere (i) with the operation of the Site or any hardware, software, or telecommunications equipment, or (ii) with any third party’s uninterrupted use and enjoyment of the Site; (c) modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site; or (d) use any robot, spider, rover, site search/retrieval application, or other manual or automatic device or process to retrieve, index, ‘data mine,’ scrape, or in any way reproduce or circumvent the navigational structure or presentation of the Site or its Materials, unless otherwise authorized by Basura Musical in writing in advance.

COPYRIGHT AND TRADEMARKS
The content of the Site includes copyrighted materials, trademarks and other proprietary information, which may include, without limitation, text, software, photos, video, audiovisual materials, graphics, music and sound. The entire contents of the Site are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, Basura Musical owns a copyright in the selection, coordination, arrangement and enhancement of such materials, as well as in the Basura Musical Materials. Third-party content providers own the copyright in the Third Party Materials. ‘Basura Musical,’ all ‘Basura Musical logos,’ and other marks that may appear on the Site, are the service and trademarks of Basura Musical. All other trademarks, service marks and logos used on this Site, with or without attribution, are the trademarks, service marks or logos of their respective owners. Without Basura Musical’s prior written permission, you agree not to display or use, in any manner, any such marks, and all goodwill associated with any use by you thereof will inure exclusively to Basura Musical or their respective owners. In addition, elements of the Site are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express permission of Basura Musical.

SUBMISSIONS
It is our policy not to accept or consider content, information, ideas, suggestions or other materials other than those that we have specifically requested, and then subject to any specific terms, conditions and requirements that may apply thereto. This is to avoid any misunderstandings if your ideas are similar to those that we have developed or are developing independently. Please do not submit any materials to Basura Musical unless we have specifically requested such materials from you.

LINKS AND OTHER PARTIES
(a) Linking to Third Party Sites. This Site contains links to pages on other websites, and those sites may offer information, materials, products, services or other resources. Because Basura Musical has no control over such sites, you acknowledge and agree that Basura Musical has no responsibility for the accuracy of information or materials provided on or via, or any products, services or other resources made available on or via such sites. Links to these sites do not constitute an endorsement by Basura Musical of the sponsors of such sites or the content, products, services, advertising or other materials presented on those sites. You further acknowledge and agree that Basura Musical is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, products, services, advertising or other materials presented on these sites.

From time to time, you may communicate with, receive communications from, be re-directed to, interact with, participate in, or use the services, or obtain goods and services, of or from third parties as a result of your use of the links to other sites provided on the Site. All such communication, interaction and participation is strictly and solely between you and such other sites and Basura Musical shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the third party, or any goods or services that you may purchase or obtain from any third party).

(b) Third Party Content. From time to time, Basura Musical may make third party content, such as research material or press clippings, available on the Site. Any views or information expressed in such third party content is strictly attributed to its author and should not be attributed to Basura Musical or its members.

(c) Linking to the Site. You may not link to this Site, or to any portion of the Site, from any site that you own or control, or from any other site, without first obtaining Basura Musical’s express written permission.

REPRESENTATIONS AND WARRANTIES
You represent and warrant to Basura Musical that (i) you have all requisite power and authority to enter into these Terms of Use, and to execute, deliver and perform all of your obligations under these Terms of Use (ii) your performance under these Terms of Use and/or the rights granted herein do not and will not conflict with or result in a breach or violation of any of the terms or provisions, or constitute a default under any contract or agreement, to which you are currently bound or will become bound in the future (iii) your performance under these Terms of Use will comply with all applicable laws, rules and regulations (including, without limitation, export control, privacy and obscenity laws), domestic or foreign and (iv) you will participate solely for the purposes intended and expressly permitted.

DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
Your use of the site is at your sole risk. Any content or materials (including third-party materials) contained in or on the site is provided ‘as is’ with no representations or warranties of any kind. To the fullest extent permissible by applicable law, Basura Musical disclaims all warranties, either express or implied, including (but not limited to) the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of this site and any site-related content or materials.

In addition, Basura Musical does not warrant that the functions on the site will be uninterrupted or error-free, that defects in or on the site will be corrected, or that the site or the server that makes the site available are free of viruses or other harmful components. Any content or materials obtained through the use of the site is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content or materials. Under no circumstances will Basura Musical be liable in any way for any materials, including, but not limited to, any errors or omissions in any content or materials, or any loss or damage of any kind, incurred as a result of the use of any content or materials posted, emailed, or otherwise transmitted via the site. If you find any content or materials on the site objectionable, do not use the site.

TERMINATION
Basura Musical may, in its sole discretion, terminate your use of the Site for any reason, including, without limitation, if Basura Musical believes that you violated or acted inconsistently with the letter or spirit of these Terms of Use or otherwise acted inappropriately. You agree that any termination of your access to the Site may be effected without prior notice to you. Any violation of these Terms of Use may be referred to law enforcement authorities.

Basura Musical maintains the right to discontinue operation of the Site, or your use of the Site, in any case, in whole or in part, at any time, in its discretion, with no obligation to you. Basura Musical has the right at any time for any or no reason to change and/or eliminate any aspect(s) of the Site as it sees fit in its sole discretion.

LIMITATION OF LIABILITY
To the fullest extent permissible by applicable law, you expressly understand and agree that under no circumstances will Basura Musical, its parents, affiliates, or subsidiaries, their licensors, distributors, contractors, member companies, vendors, or other partners, any of their successors, assigns, or licensees, or any of their respective officers, directors, agents, employees (collectively ‘Released Parties’), be responsible or liable to you or any other person or entity for any direct, indirect, incidental, consequential, special, economic, exemplary, punitive, or other damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating in any way to the site, the use or the inability to use the site, unauthorized access to, alteration of, loss of, or damage to your transmissions or data, the materials available on the site, the statements or conduct of any third party on or in connection with the site, or any other matter relating to the site information contained within the site, even if any of the Released Parties have been advised of the possibility of any damages. Your sole and exclusive remedy for dissatisfaction with the site and/or site-related materials is to stop using the site. By accessing this site, you irrevocably waive any and all rights to seek injunctive or other equitable relief and any and all rights to recover monetary or other damages. You recognize and confirm that in the event you incur any damages, losses, or injuries that arise out of our acts or omissions, any such damages are not irreparable or sufficient to entitle you to an injunction preventing the provision of any site owned or controlled by us or our licensors or licensees, or any other equitable remedy, that you will have no rights to enjoin our provisioning of the site. Such limitation shall also apply with respect to any damages incurred by reason of services, products, advertising, information, or materials received through or in connection with the site or any links on or from the site, or by reason of any information or advice received through or advertised in connection with the site or any links on or from the site.

By accessing this site, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of Section 1542 of the Civil Code of California, and any similar law of any state or territory, which provides as follows: ‘A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.’

INDEMNITY
You agree to defend, indemnify and hold the Released Parties harmless from and against any and all claims, demands, damages, losses, investigations, liabilities, judgments, settlements, costs (including attorneys’ fees), and/or other expenses that directly or indirectly arise from or are otherwise directly or indirectly related to (a) your breach or alleged breach of these Terms of Use, (b) your use of the Site or activities in connection with the Site, (c) your violation of any laws, rules or regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities, or (d) information or materials transmitted through your computer, even if not submitted by you, that damages the Site. You will cooperate fully as required by Basura Musical in the defense of any claim, demand and/or investigation. The Released Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim, demand and/or investigation without the prior written consent of a duly authorized representative of the Released Parties.

GOVERNING LAW AND DISPUTES
Basura Musical controls and operates the Site from within the United States. We make no representation or warranty that the Site, or any of the Materials or other information on the Site, are appropriate or available for use in other locations. The Terms of Use shall be governed by and construed in accordance with the internal laws of the United States and the State of California governing contracts entered into and to be fully performed in the state of California (i.e., without regard to conflict of laws provisions) regardless of your location.

You acknowledge that the rights granted and obligations made hereunder to Basura Musical are of a unique and irreplaceable nature, the loss of which shall irreparably harm Basura Musical and which cannot be replaced by monetary damages alone so that Basura Musical shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. Except with respect to the interpretation, protection or enforcement of Basura Musical’s intellectual property rights or rights to seek injunctive relief (which will only be subject to arbitration if the parties mutually agree), you agree that any suit, action or proceeding arising out of or relating to these Terms of Use or the Site (including, without limitation, statutory, equitable or tort claims) shall be resolved solely by binding arbitration before a sole neutral arbitrator under the rules and regulations of any licensed and recognized Arbitration Association located within the County of Los Angeles, State of California, USA, selected by Basura Musical within its sole and exclusive discretion. The arbitration shall be held in Los Angeles, California. The arbitrator shall apply the substantive laws of the State of California, shall issue a written decision, and shall have the power to award any legal remedies consistent with this Agreement except for punitive, exemplary or special damages. The parties expressly incorporate into these Terms of Use the terms of California Code of Civil Procedure Sections 1283 and 1283.05 pertaining to pre-hearing discovery. The parties will split the arbitrator’s fee; provided, however, if applicable law requires Basura Musical to pay the arbitrator’s fee in order for the arbitration provision to be enforceable, Basura Musical shall have the discretion to elect to pay such fees and proceed to arbitration. You agree that the provisions in this paragraph will survive any termination of your account(s). You irrevocably agree that any and all disputes, claims and causes of action you may have in connection with or related to the Site will be resolved individually, without resort to any form of class action.

SEVERABILITY
If any provision of these Terms of Use are found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the remainder, which will remain in force; the parties agree that the tribunal should endeavor to give the fullest possible effect to the parties’ intentions as reflected in the provision and shall not affect the validity and enforceability of any remaining provisions.

WAIVER
Any delay or failure on the part of Basura Musical to exercise or enforce any rights under these Terms of Use to which it may be entitled shall not, in any event, be construed as a waiver of the rights and/or privileges to do so at any subsequent time.

ASSIGNMENT
You may not delegate, assign or transfer your rights or obligations under the Terms of Use, in whole or in part, by operation of law or otherwise, without the prior written consent of Basura Musical. Any attempted assignment in violation of this section will be null and void and have no force and effect. Basura Musical may assign its rights hereunder, in whole or in part, freely at any time, without notice. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of any permitted successors and assigns.

MODIFICATION
Basura Musical reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time, and from time to time, any materials, information or content available in or on the Site, including, but not limited to, any functionality or features in or on the Site, in each case, in whole or in part, including the cessation of all activities associated with the Site, without notice. You agree that Basura Musical shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any part thereof.