THAAT!THAAT!

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TERMS of SERVICE


 


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.

 


Last Revised: 2004.01.19

 
                 

 

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THAAT! Label & Thoze Records are wholly owned trademarked divisions of C.E.I.