Terms and Conditions

Updated Jan 21, 2025

1. General

Welcome to AvyxRecords.com! This website and the associated online services are managed and controlled by Avyx Records L.L.C. ("Avyx Records," "we," “our” or "us"). The purpose of this page is to define the terms by which you may use our online services, website, mobile application, and software provided on or in connection with Avyx Records’ services (collectively, the "Service"). By accessing or using the Service, including by embedding our code on your site, you signify that you have read, understood, and agreed to be bound by these Terms and Conditions (as amended from time to time, this "Agreement"), and to the use and collection of your information as set forth in the Avyx Records Privacy Policy, regardless of whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, and others who access and/or interact with the Service ("Users").

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE INFORMATION AND SERVICES AVAILABLE THROUGH THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND OUR PRIVACY POLICY.

Occasionally we may, at our discretion, make changes to this Agreement. A date stamp will be provided at the top of this online version of the Agreement, indicating when any updates were last made to the content herein. It is your responsibility to review this Agreement on a regular basis in order to stay informed as to the terms applicable at the time of your use. If you do not agree to these changes, you must terminate your account (if created) and stop further use of the Service.

2. Access and Use of the Service

You may be required to register with Avyx Records in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy.

You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur via your registered account. You agree to immediately notify us of any unauthorized use of your password or account and ensure that you exit from your account at the end of each session when accessing the Service. We will not be liable for any loss or damage arising from your failure to comply with this paragraph.

Avyx Records reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

You acknowledge that Avyx Records may establish general practices and limits concerning use of the Service, including, without limitation, the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on our servers on your behalf. You agree that we have no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service and that we reserve the right to suspend or terminate your account or use of the Service and remove and discard any content within the Service if your account is inactive for an extended period of time or if Avyx Records determines, in its sole discretion, that your use of the Service violates this Agreement or is generally not aligned with the intended functions and benefits of the Service.

The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service from a mobile device, and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Avyx Records and other entities by SMS, MMS, text message, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information.

3. Conditions of Use

Certain activities are expressly prohibited in connection with your use of the Service. The following is a non-exhaustive list of activities and conduct that are not allowed for any reason whatsoever:

registering a username or posting content that is illegal, offensive, harmful, unlawful, threatening, violent, libelous, defamatory, obscene, abusive, hateful, inflammatory, discriminatory, pornographic, profane, pretends to be someone else, or otherwise objectionable in the sole judgment of Avyx Records;
posting any content that infringes the intellectual property or other proprietary rights of any third party without the necessary license or permissions, or poses or creates a privacy or security risk to any person;
altering or removing any trademark, copyright, or other intellectual property notices contained on or provided through the Service;
selling, renting, sublicensing, or leasing any part of Avyx Records;
reverse-engineering, decompiling, disassembling, attempting to derive the source code of, modifying, or creating derivative works of the Service, any updates, or any part thereof;
making copies of, recording, performing, recreating, broadcasting, ripping, reproducing, or displaying to the public any part of the Avyx Records Service and its content (including any third-party content accessible to you through the Service), other than your uploaded content;
circumventing any technology used by the Avyx Records Service or its licensors to protect content accessible via the Service;
using automated means to increase play count or to inorganically influence any data;
sharing your password and account with any other person;
accessing anyone else’s account or otherwise impersonating any person or entity, or misrepresenting your affiliation with a person or entity;
scraping, crawling, caching, or otherwise accessing any content on the Service via automated means except as may result from standard search engine protocols or technologies used by a search engine;
providing content or communicating with others in a way that is harassing or bullying;
soliciting personal information from anyone under the age of 18;
posting content that includes any form of malicious content (malware) such as viruses, Trojans, adware, worms, bots, back doors, and spyware;
posting content that involves commercial or sales activities not permitted by the Service; or,
transmission of any form of spam through the Service.

4. Service Limitations

Avyx Records is subject to intended or unintended service interruptions. The Service can be changed, interrupted, or eliminated at any time for any reason at the sole discretion of Avyx Records. In the event of an interruption, data loss, or elimination of the Service, Avyx Records shall not be liable for any losses that occur.

5. Payments and Fees

If you elect to access any paid component of the Service, such as becoming a subscriber or purchasing credits, you agree to pay all fees and charges associated with the subscription or credit purchase on a timely basis. If your payment fails, access to the Service will be prohibited until resolved. Avyx Records reserves the right to delete your subscription and profile if it remains unpaid and inactive after a period of six (6) months.

Unless otherwise stated, all fees and charges are due and payable in advance, are non-refundable, and are exclusive of any applicable federal, state, or local taxes. All such fees and charges (including any taxes and late fees, as applicable) will be charged to the payment method you provided when you elected to access that paid component of the Service(s).

6. Disclaimer of Warranties; Limitations of Liability

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AVYX RECORDS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

AVYX RECORDS MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT AVYX RECORDS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF AVYX RECORDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL AVYX RECORDS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID AVYX RECORDS IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU AND SHALL ONLY BE ENFORCEABLE TO THE EXTENT PERMITTED BY LAW IN THE TERRITORY YOU RESIDE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

7. Representations

You represent and warrant that you own all rights, titles, and interests in and to any content you upload to or submit via the Service, including, without limitation, all copyrights and rights of publicity contained therein.

8. Indemnity

You agree to indemnify and hold us harmless against any and all claims, liabilities, costs, losses, damages, or expenses (including attorney's fees) from third parties arising out of your use of the Service, both historical and current, including any breach, allegation, claim, or failure of any representations or warranties you have made herein.

9. Identity Authentication

By entering into this Agreement, you hereby understand that impersonating a brand, company, artist, or individual is not permitted, will result in the immediate termination of your account, and may have legal ramifications.

10. Age Restriction

To enter into this Agreement, you must be at least 18 years of age (or the age of the legal majority in your jurisdiction if different than 18) or be 13 or older (15 in Australia) and have your parent or guardian’s consent.

11. Explicit Content

Avyx Records provides many forms of entertainment content, some of which you may consider inappropriate for those under the age of eighteen (18). Parental discretion is advised for all users of the Service under the age of eighteen (18) due to: speech, lyrics, visual images, or other media that include strong language, or depictions of sex, violence, or substance abuse.

12. Choice of Law, Mandatory Arbitration, and Venue

These Terms shall be governed by and interpreted in accordance with the laws of the State of Nevada, excluding its conflicts of law rules, and the United States of America. For all purposes of these Terms of Service, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in Las Vegas, Nevada. To the maximum extent permitted by applicable law, use of the Service is not authorized in any jurisdiction that does not give effect to the provisions of these Terms and Conditions.

13. Limitations of Actions

You agree that regardless of any statute or law to the contrary, you have no more than one year to file any and all claims or causes of action you may have connected with your use of the Service or this Agreement from the date such claims or causes of action arose. If you do not file within the one-year period, you will forever be barred from doing so.

14. Assignment

Avyx Records Inc. may assign this Agreement or delegate any of our rights or obligations hereunder, or any part thereof, to any third party, including our successor in interest (including but not limited to an acquiring entity), without requiring your written consent. You may not assign or delegate this Agreement or any of your rights or obligations under this Agreement to any third party, nor transfer or sublicense your rights (or any part of your rights).

14. General

The failure of Avyx Records to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement 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 this Agreement remain in full force and effect. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to this Agreement or other matters by displaying notices or links to notices generally on the Service.

15. Contact Us

If you have any questions, please contact Avyx Records customer support via our Contact page.