DISCLAIMER
The
Audio-N-More Web Site (the "Site") is an online information
service provided by Audio-N-More ("Audio-N-More "), subject to
your compliance with the terms and conditions set forth
below.
PLEASE
READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE
SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY
THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO
BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR
USE THE SITE.
Audio-N-More MAY MODIFY THIS AGREEMENT
AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE
IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE.
YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF
SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE
SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED
AGREEMENT.
1.
Copyright, Licenses and Idea Submissions.
The entire contents of the
Site are protected by international copyright and trademark
laws. The owner of the copyrights and trademarks are
Audio-N-More, its affiliates or other third party licensors.
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST,
TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE
SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR
SOFTWARE.
You may
print and download portions of material from the different
areas of the Site solely for your own non-commercial use
provided that you agree not to change or delete any copyright
or proprietary notices from the materials.
You
agree to grant to Audio-N-More a non-exclusive, royalty-free,
worldwide, perpetual license, with the right to sub-license, to
reproduce, distribute, transmit, create derivative works of,
publicly display and publicly perform any materials and other
information (including, without limitation, ideas contained
therein for new or improved products and services) you submit
to any public areas of the Site (such as bulletin boards,
forums and newsgroups) or by e-mail to Audio-N-More by all
means and in any media now known or hereafter
developed.
You
also grant to Audio-N-More the right to use your name in
connection with the submitted materials and other information
as well as in connection with all advertising, marketing and
promotional material related thereto. You agree that you shall
have no recourse against Audio-N-More for any alleged or actual
infringement or misappropriation of any proprietary right in
your communications to Audio-N-More.
TRADEMARKS.
Publications, products,
content or services referenced herein or on the Site are the
exclusive trademarks or servicemarks of Audio-N-More. Other
product and company names mentioned in the Site may be the
trademarks of their respective owners.
2. Use
of the Site.
You
understand that, except for information, products or services
clearly identified as being supplied by Audio-N-More,
Audio-N-Moredoes not operate, control or endorse any
information, products or services on the Internet in any way.
Except for Audio-N-More- identified information, products or
services, all information, products and services offered
through the Site or on the Internet generally are offered by
third parties, that are not affiliated with Audio-N-More
a.
You
also understand that Audio-N-More cannot and does not guarantee
or warrant that files available for downloading through the
Site will be free of infection or viruses, worms, Trojan horses
or other code that manifest contaminating or destructive
properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular
requirements for accuracy of data input and output, and for
maintaining a means external to the Site for the reconstruction
of any lost data.
YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE
INTERNET. Audio-N-More PROVIDES THE SITE AND RELATED
INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER
(INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE
SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND
Audio-N-More SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING
EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS
SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES,
MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE
OR ON THE INTERNET GENERALLY. Audio-N-More DOES NOT WARRANT
THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT
DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU
UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET
CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT
OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT
YOUR RISK. Audio-N-More HAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF
LIABILITY
IN NO
EVENT WILL Audio-N-More BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE
OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR
TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE
SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF
Audio-N-More OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM
ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE
SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE
SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH
STATES, Audio-N-More LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
Audio-N-More makes no
representations whatsoever about any other web site which you
may access through this one or which may link to this Site.
When you access a non-Audio-N-More web site, please understand
that it is independent from Audio-N-More, and that Audio-N-More
has no control over the content on that web site. In addition,
a link to a Audio-N-More web site does not mean that
Audio-N-More endorses or accepts any responsibility for the
content, or the use, of such web site.
3.
Indemnification.
You agree to indemnify,
defend and hold harmless Audio-N-More, its officers, directors,
employees, agents, licensors, suppliers and any third party
information providers to the Service from and against all
losses, expenses, damages and costs, including reasonable
attorneys' fees, resulting from any violation of this Agreement
(including negligent or wrongful conduct) by you or any other
person accessing the Service.
4.
Third Party Rights.
The provisions of paragraphs
2 (Use of the Service), and 3 (Indemnification) are for the
benefit of Audio-N-More and its officers, directors, employees,
agents, licensors, suppliers, and any third party information
providers to the Service. Each of these individuals or entities
shall have the right to assert and enforce those provisions
directly against you on its own behalf.
5.Term;
Termination.
This Agreement may be
terminated by either party without notice at any time for any
reason. The provisions of paragraphs 1 (Copyright, Licenses and
Idea Submissions), 2 (Use of the Service), 3 (Indemnification),
4 (Third Party Rights) and 6 (Miscellaneous) shall survive any
termination of this Agreement.
6.Miscellaneous.
This Agreement shall all be
governed and construed in accordance with the laws of The
United States of America applicable to agreements made and to
be performed in The United States of America. You agree that
any legal action or proceeding between Audio-N-More and you for
any purpose concerning this Agreement or the parties'
obligations hereunder shall be brought exclusively in a federal
or state court of competent jurisdiction sitting in The United
States of America . Any cause of action or claim you may have
with respect to the Service must be commenced within one (1)
year after the claim or cause of action arises or such claim or
cause of action is barred. Audio-N-More's failure to insist
upon or enforce strict performance of any provision of this
Agreement shall not be construed as a waiver of any provision
or right. Neither the course of conduct between the parties nor
trade practice shall act to modify any provision of this
Agreement. Audio-N-More may assign its rights and duties under
this Agreement to any party at any time without notice to
you.
Any
rights not expressly granted herein are reserved.
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