Welcome to www.thykingdomrecords.com! We have a few standard rules controlling your use of the site, and they’re laid out in this document (the “Combined Terms”). The Combined Terms represent a legally binding agreement between you, an individual user or a single entity (collectively or individually, “you” or “Users”), on one side, and Thy Kingdom Records, LLC (“Thy Kingdom,” “we,” “us,” and the like) regarding your use of the site and its related content (the “Website”). If you are a User in the European Union or United Kingdom (“EU Users”), certain parts of the Combined Terms designated in paragraph 14 will not apply and will be replaced by other terms as set forth therein (the “EU Terms”). If you are not an EU User, those parts do not apply to you.

When using the Website, in addition to the Combined Terms contained herein, you will be subject to any additional posted guidelines or rules applicable to specific services and Website features (the “Guidelines”). All Guidelines are hereby incorporated by reference into the Combined Terms and should be considered a part of this document.

BEFORE USING THE WEBSITE, PLEASE READ THE FOLLOWING CAREFULLY.

BY REGISTERING FOR AND/OR ACCESSING, BROWSING, OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE ENTIRETY OF THE COMBINED TERMS AND REPRESENT TO US THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO AND AGREE TO THE COMBINED TERMS ON BEHALF OF YOURSELF AND ANY ENTITIES ON WHOSE BEHALF YOU MAY BE SERVING AS AN AGENT. IF AT ANY TIME YOU DO NOT AGREE TO THE COMBINED TERMS, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THE WEBSITE. THE COMBINED TERMS INCLUDE A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICES.

1. Website Access. You are prohibited from using the Website unless you are over the age of 16. By using the Website, you represent that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in the Combined Terms and to abide by and comply with the Combined Terms and are over the age of 16. Without limiting anything else in the Combined Terms, you may use the Website solely for your personal purposes. You may not download, reproduce, redistribute, retransmit, publish, resell, distribute, publicly display or otherwise exploit any portion of the Website in any medium without Thy Kingdom’s prior written authorization. You also may not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purposes. Thy Kingdom makes no representations that the Website is appropriate or available for use in locations outside of the United States. If you are accessing or using the Website from other jurisdictions, you are responsible for compliance with applicable local law. You hereby waive your right to assert claims or avail yourself of protections in relation to the Website that are not available under United States law to the fullest extent possible.

2. Privacy. Your privacy rights and obligations shall be as set forth in the Website’s Privacy Policy.

3. Modification of Combined Terms. Thy Kingdom reserves the right, at our discretion, to change, modify, add, or remove portions of the Combined Terms at any time in its discretion. All changes shall be effective immediately. We may notify you of such changes via the most recent e-mail address that you have provided to us in conjunction with your account, but are not obligated to do so. Please check the Combined Terms periodically for changes. Your continued use of the Website after the posting of changes to the Combined Terms constitutes your binding acceptance of such changes.

4. Ownership of Website Elements.

(a) General. All elements of the Website provided by Thy Kingdom (“Thy Kingdom Materials”) are owned and/or licensed to Thy Kingdom and are legally protected under United States federal and state laws and regulations, as well as applicable foreign laws, regulations, and treaties. Except as expressly authorized by Thy Kingdom, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Website or the Thy Kingdom Materials. Thy Kingdom reserves all rights to Thy Kingdom Materials not expressly granted in the Combined Terms.

(b) Downloadable Software. If any of the Thy Kingdom Materials constitute software capable of being downloaded or accessed, then the software and all files, images, content, and data relating to the software is hereby licensed to you on the terms described in this paragraph. This license is a personal, limited, non-transferable, non-sublicensable, non-exclusive, revocable license, and we reserve the right to alter or revoke the license at any time by providing reasonable notice to you. Upon receiving notice of revocation, you must promptly destroy all copies of the software in your possession and/or residing on systems under your control. This license does not constitute the sale of any software program. For the avoidance of doubt, you do not own the downloaded software, and we do not transfer ownership of the software to you. We retain full ownership of and title to all Thy Kingdom Materials and all intellectual property rights related thereto. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce any Thy Kingdom Materials. Software that is downloaded from the Website may be subject to export control laws. If you download software from the Website, you represent and warrant to us that you are not acting in violation of those laws.

5. User Content.

(a) General. The Website may permit you to post or link media, text, audio and video recordings, photos, graphics, commentary or other information or content (“User Content”). User Content is not owned or actively controlled by Thy Kingdom. Thy Kingdom makes no representations that your User Content will remain available via the Website in any way. We may remove User Content in our sole discretion.

(b) Grant of Rights. By submitting User Content to Thy Kingdom, you hereby grant Thy Kingdom and its affiliates a worldwide, non-exclusive, fully paid-up, royalty free, transferable license, with the right to grant and authorize sublicenses (including to other Users), to use, reproduce, distribute, modify, adapt, translate, prepare derivative works of, display, perform, and otherwise exploit your User Content in connection with the Website and Thy Kingdom’s business and promotional purposes.

(c) Your Representations and Warranties Regarding User Content. By posting User Content, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Thy Kingdom to use all materials included therein, (ii) your User Content is true and accurate, and (iii) Thy Kingdom’s use of such User Content pursuant to the Combined Terms, and Thy Kingdom’s exercise of the license rights set forth in this Section, do not and will not: (A) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (B) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (C) violate any applicable law or regulation.

(d) No Responsibility for User Content. With the exception of the limited license granted above, we do not obtain or control any rights in and do not exert editorial control over User Content. We are therefore not in a position to warrant the accuracy of or otherwise assume any responsibility for User Content.

(e) Removal of User Content. Though Thy Kingdom is under no obligation to monitor User Content, if at any time it becomes aware of any infringement of any third party rights or other violations of the Combined Terms associated therewith, notwithstanding anything to the contrary herein, Thy Kingdom shall have the right in its sole discretion to refuse to post or to remove or disable access to the User Content concerned, with or without notice, and with no liability of any kind.

6. Prohibited Uses of the Website.

(a) You may not use the Website to defame, harass, abuse, threaten, stalk or defraud anyone or collect or attempt to collect personal information about anyone without their consent.

(b) You may not intentionally or negligently interfere with or damage, impair or disable the operation of the Website or any third party’s enjoyment of it by any means, including but not limited to uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code, or placing a disproportionate load on the Website with the intended result of denying service to third parties.

(c) You may not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Website, features that prevent or restrict the use or copying of any part of the Website, or features that enforce limitations on the use of the Website.

(d) You may not attempt to gain unauthorized access to the Website or any parts thereof through hacking, password mining or any other means or overburden, disrupt, interfere with, or attempt to interfere with the proper working of the Website or any activities conducted through the Website.

7. Links to and from Third Party Websites. You agree that if you include a link from any other web site to the Website, such link may open in a new browser window and shall link to the full version of an HTML formatted page of the Website. You are not permitted to link directly to any image hosted on the Website, such as using an “in-line” linking method to cause the image hosted on the Website to be displayed on another web site. You agree not to download images hosted on the Website for any purpose, including, without limitation, posting such images on another web site. You agree not to link from any other web site to the Website in any manner such that the Website, or any page of the Website, is “framed,” surrounded or obfuscated by any third party content, materials or branding. In addition, there may be links on the Website to other sites, including the content therein (“Reference Sites”). Thy Kingdom has no control over such Reference Sites or their content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability, or reliability of Reference Sites or other content linked to by the Website. The inclusion of any link on the Website does not imply our affiliation, endorsement, or adoption of the linked Reference Site or other content or any information therein.

8. Terms and Conditions Violations; Termination. You agree that Thy Kingdom, in its sole discretion, may terminate any account (or any part thereof) you may have through the Website or your use of the Website, and remove and discard all or any part of your account or any User Content. You agree that your access to the Website or any account you may have or portion thereof may be terminated without prior notice, and you agree that Thy Kingdom shall not be liable to you or any third-party for any such termination. These remedies are in addition to any other remedies Thy Kingdom may have at law or in equity.

9. DISCLAIMERS; NO WARRANTIES. YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND ALL CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION, THY KINGDOM DOES NOT GUARANTEE THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. THY KINGDOM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

10. LIMITATION OF LIABILITY. EXCEPT AS MAY BE REQUIRED PURSUANT TO PARAGRAPH 11 BELOW, UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THY KINGDOM BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OF, OR THE INABILITY TO USE, THE WEBSITE. IN NO EVENT SHALL THY KINGDOM’S’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS (USD $100).

11. Limitations By Applicable Law. Certain jurisdictions do not allow limitations on, or disclaimers of, implied warranties or the exclusion or limitation of certain damages. If you reside in such a jurisdiction, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. the limitations, disclaimers or exclusions of warranties, remedies, or liability contained in these terms apply to you to the fullest extent such limitations, disclaimers or exclusions are permitted under the laws of the jurisdiction in which you are located. Nevertheless, you acknowledge that Thy Kingdom has offered its products and services and entered into these terms in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Thy Kingdom, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Thy Kingdom. You acknowledge and agree that Thy Kingdom would not be able to provide the website to you on an economically reasonable basis without these limitations.

12. Digital Millennium Copyright Act.

Thy Kingdom takes copyright seriously and complies with the terms of section 512 of the Copyright Act. To that end, Thy Kingdom’s designated Copyright Agent to receive notifications of claimed infringement is:

DMCA Agent

Thy Kingdom Records, LLC

957 S. Windsor Blvd.

Los Angeles, CA 90019

Email: eric@lauritsenesq.com

Phone: 805.705.6255

13. Miscellaneous. TheseTerms shall be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to any principles of conflicts of law. The Uniform Computer Information Transactions Act does not apply to these Terms. You agree that any action at law or in equity arising out of or relating to these Terms or the Website shall be filed only in the state or federal courts in Ohio and you hereby consent and submit to the personal and exclusive jurisdiction and venue of such courts for the purposes of litigating any such action. You agree that you will not file or participate in a class action against us. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION UNDER THIS AGREEMENT, YOUR USE OF THE WEBSITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. A provision of the Combined Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of either party to exercise or enforce any right or provision of the Combined Terms will not constitute a waiver of such right or provision. If any provision of the Combined Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Combined Terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and Thy Kingdom relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter, excluding any Services Agreement that you may have entered into with Thy Kingdom. the Combined Terms shall not be modified except in writing, signed by both parties, or by a change to the Combined Terms made by Thy Kingdom as set forth in Section 3 above. For California Users, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

14. Supplemental Terms — Users in the European Union.

If you are an EU User, the following terms shall be deemed to replace any inconsistent terms set forth elsewhere in these Terms (the “EU Terms”).

(a) Warranties. We do not guarantee that the Website is or will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access our Website. You should use your own virus protection software.

(b) Purchases made in the EU. If you make a purchase through the Website from the EU, you have a legal right to change your mind within 14 days and receive a refund. These are your rights under the Consumer Contracts Regulations 2013. You do not have a right to change your mind in respect of: any apparel item deemed by Thy Kingdom to show obvious signs of use, any item that is not in its original condition for reasons not due to an error on the part of Thy Kingdom, any physical media (CDs, DVDs, vinyl, etc) that has been opened (removed from its plastic wrap), underwear or bathing suits, music or book pre-orders, any autographed, collectible items, any downloadable media bundles, anything listed as limited edition, sale or clearance items. For purchase of services, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind. For digital content for download or streaming, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind. For goods, you have 14 days after the day you (or someone you nominate) receives the goods (or the first delivery of the goods, if several deliveries). If you tell us you have changed your mind after goods have been dispatched to you or you have received them, you must return them to us at your own cost. You must return the goods by posting them back to us at the address from which they initially shipped.

You must send off the goods within 14 days of telling us you wish to end the contract. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions, to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of goods within 5-7 days at one cost but you choose to have the goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option. Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract. If the products are goods, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

(c) As Is and As Available Basis. Subject to these EU Terms (including paragraphs (d), (e) and (f) below), you expressly agree that the Website is provided on an “as is” and “as available” basis.

(d) No Liability for Unforeseeable Loss and Damage. Thy Kingdom is not responsible for loss or damage resulting from your use of the Website that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you acknowledge and agree to these CombinedTerms, both Thy Kingdom and you are aware that it might occur.

(e) No Liability for Commercial Losses. The Website is provided for private, non-commercial use only. Thy Kingdom has no liability for any loss of profit, loss of business, loss of contract, business interruption, or loss of business opportunity in connection with your use of the Website.

(f) Exclusions Prevented by Law. Nothing in the Combined Terms excludes or limits Thy Kingdom’s liability for: (a) fraud or fraudulent misrepresentation; (b) death or personal injury caused by negligence; or (c) any other liability which cannot be excluded or limited by applicable law. Thy Kingdom and you agree that Thy Kingdom’s liability in respect of claims under (c) relating to the Combined Terms or in relation to use of the Website is limited to a maximum of the sum of the amounts paid by you to Thy Kingdom (if any) in relation to use of the Website in the 12 months preceding the date of the claim.With regard to customers in Germany only, the following shall also apply: nothing shall limit or exclude our liability for damages caused by intentional misconduct, gross negligence or culpable breach of an essential contract duty. An essential contractual duty is an obligation whose fulfillment is a prerequisite for enabling the proper performance of the contract and on whose fulfillment you may reasonably expect to be able to rely on.

(g) Disputes; Governing Law. For EU Users, the Combined Terms, and the use of the Website and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of England and Wales, subject only to any mandatory provisions of consumer law in the country in which you reside. You irrevocably agree that the courts of the country in which you reside shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Combined Terms or its subject matter or formation.