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PLEASE READ THIS AGREEMENT CAREFULLY
BEFORE USING THIS SITE
THAAT! Label, Thoze Records, and 117 Records wholly owned by
Concept Enterprises International ("C.E.I.,"
"we,"
"us"
hereafter) provides this web site, and all site-related services
(collectively, the "Site")
subject to your compliance with the terms and conditions set
forth in this agreement (the "Agreement").
This Agreement governs the relationship between C.E.I. and you
("you")
with respect to your use of the Site. It is important that you
read carefully and understand the terms and conditions of this
Agreement.
We reserve the right at any time to:
· Change the terms and conditions of this Agreement; and
· Change the Site, including eliminating or discontinuing any
content on or feature of the Site.
Any
changes to the terms and conditions of this Agreement will be
effective immediately upon notice to you, whether provided by a
posting on the Site, by electronic mail, or other means. Your
continued use of the Site after such notice will be deemed
acceptance of such changes. Any changes to the Site shall be
effective upon implementation of such change. Except as
otherwise provided, any new content on or features of the Site
shall be subject to this Agreement. Please bookmark this page
and review it periodically to make yourself familiar with the
most recent version. You can determine when we last updated the
Agreement by checking the "Last Revised" date that appears at
the top of the page.
1.
Privacy Policy.
Please read the C.E.I. Privacy
Policy, which is incorporated herein by reference. By using
the Site, you agree to be legally bound by the C.E.I.
Privacy Policy, which
discusses and governs our collection and use of any information
you submit to us.
2.
Monitoring The Site.
We have no obligation to monitor the Site. You acknowledge and
agree, however, that we do retain the right to monitor the Site
and to disclose any information as necessary or appropriate to
satisfy any law, regulation or other governmental request, to
operate the Site properly, or to protect ourselves or our users.
We will not intentionally monitor or disclose any private
electronic-mail message unless required by law. We reserve the
right to refuse to post or to remove any information or
materials from any portion of the Site, in whole or in part,
that, in our sole discretion, are unacceptable, undesirable,
inappropriate or in violation of these Terms Of Service.
3.
Ownership and Restrictions on Use. © 2005 Concept Enterprises
International. All Rights Reserved.
The Site, including any and all related software, data, text,
graphics, images, audio and video clips, logos, icons, and links
(collectively, the "Materials"),
is owned and operated by C.E.I. in conjunction with others
pursuant to contractual arrangements, and the Materials (and any
intellectual property and other rights relating thereto) are and
will remain the property of C.E.I. and its licensors and
suppliers. The Materials and the selection, compilation,
collection, arrangement, and assembly thereof are protected by
U.S. and international copyright, trademark, and other laws, and
you acknowledge that these rights are valid and enforceable.
Except as otherwise expressly permitted in this Agreement, you
may not copy, reproduce, republish, upload, post, transmit, or
distribute Materials or other content or information available
on or through the Site in any way without our prior written
permission, except you may download and view one copy of such
Materials on any single computer for your personal,
non-commercial home use, provided you keep intact, without
change, each such Material and all copyright and other
proprietary notices in or on such Material. Modification of the
Materials or use of the Materials for any other purpose is a
violation of our copyright and other proprietary rights, and is
strictly prohibited. You acknowledge that you do not acquire any
ownership rights by using the Site or the Materials.
4.
Code of Conduct.
While using the Site (including participating in any
Site-related services), you agree not to:
·
Use any robot, spider, site search/retrieval application, or
other manual or automatic device or process to scrape,
retrieve, index, "data mine," or in any way reproduce or
circumvent the navigational structure or presentation of the
Site or its contents; or
· Restrict or inhibit any other visitor from using the Site,
including, without limitation, by means of "hacking" or
defacing any portion of the Site;
· Attempt to gain unauthorized access to other computer
systems through the Site;
· Use the Site or Materials for any unlawful purpose;
· Express or imply that any statements you make are endorsed
by us, without our prior written consent;
· Transmit (a) any content or information that is unlawful,
fraudulent, threatening, abusive, libelous, defamatory,
obscene, or otherwise objectionable, or infringes our or any
third party’s intellectual property or other rights; (b) any
material, non-public information about companies without the
authorization to do so; (c) any trade secret of any third
party; or (d) any advertisements, solicitations, chain
letters, pyramid schemes, investment opportunities, or other
unsolicited commercial communication (except as otherwise
expressly permitted by us);
· Engage in spamming or flooding;
· Transmit any software or other materials that contain any
viruses, worms, trojan horses, defects, date bombs, time
bombs, or other items of a destructive nature;
· Modify, adapt, sublicense, translate, sell, reverse
engineer, decompile, or disassemble any portion of the Site;
· Remove any copyright, trademark, or other proprietary rights
notices contained in the Site or Materials;
· "Frame" or "mirror" any part of the Site without our prior
written authorization;
· Harvest or collect information about other Site users
without their express consent.
While using the Site and/or Materials, you agree to comply with
all applicable laws, rules, and regulations.
5.
Security.
You understand and acknowledge that no data transmission over
the Internet can be guaranteed to be 100% secure and we cannot
guarantee that any personal information you submit to us will be
free from unauthorized third party intrusion. You understand and
agree that all information you submit to C.E.I. is done so at
your own risk.
6.
Internet Access.
You acknowledge and agree that in connection with your use of
the Site you must: (a) provide for your own access to the World
Wide Web and pay any service fees associated with such access,
and (b) provide all equipment necessary for you to make such
connection to the World Wide Web, including a computer,
software, a modem and a working telephone line. C.E.I. shall not
be responsible for any malfunctions, errors, crashes or other
adverse events that may occur from your use of the Site.
7.
Links.
The Site contains links to other Internet web sites, which may
or may not be owned or operated by C.E.I.. C.E.I. has not
reviewed all of the web sites that are linked to the Site, and
C.E.I. may not have control over such sites. Unless otherwise
explicitly stated, C.E.I. is not responsible for the content of
such web sites, or the privacy or other practices of such sites,
and the fact that C.E.I. offers such links does not indicate any
approval or endorsement of any material contained on any linked
site. C.E.I. is providing these links to you only as a
convenience. Accordingly, we strongly encourage you to become
familiar with the terms of service and practices of any linked
site. Further, it is up to you to take precautions to ensure
that whatever links you select or software you download (whether
from the Site or other sites) is free of such items as viruses,
worms, trojan horses, defects, date bombs, time bombs, and other
items of a destructive nature.
8.
Trademarks.
The trademarks, logos, and service marks displayed on the Site
(collectively the "Trademarks") are the registered and
unregistered trademarks of C.E.I., C.E.I.’s licensors and
suppliers, and others. The Trademarks owned by C.E.I., whether
registered or unregistered, may not be used in connection with
any product or service that is not C.E.I.’s, in any manner that
is likely to cause confusion with customers, or in any manner
that disparages C.E.I.. Unless otherwise expressly granted in
this Agreement, nothing contained on the Site should be
construed as granting, by implication, estoppel or otherwise,
any license or right to use any Trademark without the express
written permission of C.E.I., C.E.I.’s licensors or suppliers,
or the third-party owner of any such Trademark. Misuse of any
Trademarks is prohibited, and C.E.I. will aggressively enforce
its intellectual property rights in such Trademarks, including
via civil and criminal proceedings.
9.
Jurisdictional Issues.
Unless otherwise specified, the Site is solely directed to
individuals residing in the United States. We make no
representation that Materials available on or through the Site
are appropriate or available for use in other locations. Those
who choose to access the Site from other locations do so on
their own initiative and at their own risk, and are responsible
for compliance with local laws, if and to the extent local laws
are applicable. Unless provided otherwise in the applicable
official rules, participation in any Contest is limited to
individuals who are legal residents of one of the fifty (50)
United States or the District of Columbia (specifically
excluding Puerto Rico, Guam, and all other U.S. and foreign
possessions and territories). We reserve the right to limit the
availability of the Site (including the provision of any service
or other product described thereon) to any person, geographic
area or jurisdiction, at any time and in our sole discretion,
and to limit the quantities of any such service or product that
we provide. VOID OUTSIDE OF THE ELIGIBILITY AREA AND WHERE
OTHERWISE PROHIBITED BY LAW.
10.
Termination.
This Agreement shall remain effective until terminated in
accordance with its terms. Either party may terminate this
Agreement immediately upon notice to the other party. In
addition, we reserve the right to immediately terminate this
Agreement, and/or your access to and use of the Site or any
portion thereof, at any time and for any reason, with or without
cause. Upon termination of this Agreement by either party, your
right to use the Site and any licenses granted herein shall
immediately cease, and you shall destroy all Materials obtained
from the Site and all copies thereof, whether made under the
terms of this Agreement or otherwise.
11.
Disclaimers.
THE SITE, THE MATERIALS ON THE SITE, AND ANY PRODUCT OR SERVICE
OBTAINED THROUGH THE SITE ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
C.E.I. AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS,
SPONSORS, AND AGENTS DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT
LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT,
ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE,
AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE
OF PERFORMANCE, OR USAGE OF TRADE. Applicable law may not allow
the exclusion of implied warranties, so the above exclusions may
not apply to you. C.E.I. AND ITS AFFILIATES, LICENSORS,
SUPPLIERS, ADVERTISERS, SPONSORS, AND AGENTS DO NOT WARRANT THAT
YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR
SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE
SERVER (S) ON WHICH THE SITE IS HOSTED IS FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE
RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE,
COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE
THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL
RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR
RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF C.E.I. OR
ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS,
AGENTS, OR OTHER SITE USERS, WHETHER MADE ON THE SITE OR
OTHERWISE, SHALL CREATE ANY WARRANTY.
ALL ACTIVITIES UNDERTAKEN BY YOU IN
CONNECTION WITH THE SITE, AND YOUR USE OF THE SITE AND ANY
MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN
INITIATIVE AND RISK.
12.
Limitation of Liability.
NEITHER C.E.I. NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS,
ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS,
EMPLOYEES, CONSULTANTS, AGENTS, OR OTHER REPRESENTATIVES, ARE
RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS,
LOSS OF DATA, OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE,
STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN
ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, ANY
LINKED SITE OR ANY ACTIVITY, PRODUCT OR SERVICE MADE AVAILABLE
THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE
SITE, MATERIALS, OR ANY LINKED SITE IS TO STOP USING THE SITE,
MATERIALS, OR LINKED SITE, AS APPLICABLE.
C.E.I.’S MAXIMUM LIABILITY TO YOU OR ANY
THIRD PARTY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
(WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION,
NEGLIGENCE), OR OTHERWISE, SHALL BE $50.00.
13.
Indemnification.
You agree to indemnify, defend, and hold C.E.I., our affiliates,
licensors, suppliers, advertisers, and sponsors, and our and
their directors, officers, employees, consultants, agents, and
other representatives, harmless from and against any and all
claims, damages, losses, costs (including reasonable attorneys’
fees), and other expenses that arise directly or indirectly out
of or from (a) your breach of this Agreement, including any
violation of the Code of Conduct, above; (b) any allegation that
any materials you submit to us or transmit to the Site, or to
other web sites, infringe or otherwise violate the copyright,
trademark, trade secret, or other intellectual property or other
rights of any third party; and/or (c) your activities in
connection with the Site and any Site-related services.
14.
Questions.
The Site is provided by Concept Enterprises International. If
you have any questions, comments or complaints regarding this
Agreement or the Site, feel free to contact by mail at NetWerkz
Interactive Architects, Concept Enterprises International PO BOX 4143 Oak Park, Illinois 60303-4143.
15.
Notice for California Users.
Under California Civil Code Section 1789.3, California Site
users are entitled to the following specific consumer rights
notice: The Complaint Assistance Unit of the Division of
Consumer Services of the California Department of Consumer
Affairs may be contacted in writing at 400 R Street, Suite 1080,
Sacramento, California 95814, or by telephone at (916) 445-1254
or (800) 952-5210.
16.
Filtering.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby
notify you that parental control protections (such as computer
hardware, software or filtering services) that may assist you in
limiting access to material that is harmful to minors are
commercially available. Information identifying current
providers of such protections is available at the web sites of
the Electronic Frontier Foundation:
http://www.eff.org/pub/Censorship/Ratings_filters_labelling/
and of America Links Up:
http://www.netparents.org/parentstips/browsers.html.
17.
Miscellaneous.
This Agreement is governed by and shall be construed in
accordance with the laws of the State of New York, without
regard to its principles of conflicts of law. You agree to
submit to the exclusive jurisdiction of any State or Federal
court located in the County of New York, New York, and waive any
jurisdictional, venue, or inconvenient forum objections to such
courts. If any provision of this Agreement is found to be
unlawful, void, or for any reason unenforceable, then that
provision shall be deemed severable from this Agreement and
shall not affect the validity and enforceability of any
remaining provisions. This is the entire Agreement between us
relating to the subject matter herein and supersedes any and all
prior or contemporaneous written or oral Agreements between us
with respect to such subject matter. This Agreement is not
assignable, transferable, or sub-licensable by you except with
C.E.I.’s prior written consent. No waiver by either party of any
breach or default hereunder shall be deemed to be a waiver of
any preceding or subsequent breach or default. Any heading,
caption, or section title contained in this Agreement is
inserted only as a matter of convenience and in no way defines
or explains any section or provision hereof. |