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Terms Of Use
The following User Agreement ("Agreement") governs your use of the website, VareseSarabande.com, provided by Varese Sarabande Records, Inc. ("Service Provider), including participation in its newsgroups, message boards, use of sub or ancillary web sites (see http://www.varesesarabande.com/Sites.asp for current listing) or use of the online shop. Please read the rules contained in this Agreement carefully. You can access this Agreement at anytime from VareseSarabande.com. Your use of VareseSarabande.com will constitute your agreement to comply with these rules and this Agreement.
If you cannot agree with these rules, please do not use VareseSarabande.com. These rules may be modified by Service Provider from time to time. Notice of such modifications or revisions to this Agreement will be announced on this page. Continued access of VareseSarabande.com by you will constitute your acceptance of any changes or revisions to this Agreement.
VareseSarabande.com is intended to provide a forum for a robust and free-flowing exchange of information, opinions and comments. Since VareseSarabande.com is designed to provide an enjoyable and informative experience for all participants, you agree to abide by certain rules regarding your participation.
Your failure to follow these rules, whether listed below or in bulletins posted at various points in VareseSarabande.com, may result in termination of your access to VareseSarabande.com, without notice, in addition to Service Provider's other remedies.
RULES OF USAGE
COMMENTS BY USERS ARE NOT ENDORSED BY VARESESARABANDE.COM:
Service Provider does not, by their mere appearance on VareseSarabande.com, or any site to which it is linked, necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on newsgroups or otherwise contained in VareseSarabande.com. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements, and none necessarily represent the views of VareseSarabande.com.
USE OF VARESESARABANDE.COM BY YOU:
Your right to use VareseSarabande.com is personal to you -- you may not authorize others to use VareseSarabande.com, and you are responsible for all use of VareseSarabande.com by yourself.
You agree not to use any obscene, indecent, or offensive language or to place on VareseSarabande.com any material that is defamatory, abusive, harassing, or hateful, or infringing on the rights of any person, firm or corporation. Further, you may not place on VareseSarabande.com any material that is encrypted, constitutes junk mail or unauthorized advertising, invades anyone's privacy, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, national or international law or regulation. You agree to use VareseSarabande.com only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
Other than connecting to Service Provider's servers by any or all:
- http:// requests using a Web browser,
- nntp:// requests using a News reader,
- news:// requests using a News reader,
- aol:// requests using America Online software,
- ftp:// requests using a File Transfer Program,
- asf:// requests using a multimedia viewer,
you may not attempt to gain access to Service Provider's servers by any means including without limitation by using administrator passwords or by masquerading as an administrator while using VareseSarabande.com or otherwise.
You are responsible for ensuring that any material you provide to VareseSarabande.com, including, but not limited to, text, photographs, and sound, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights.
Material on VareseSarabande.com is for your personal use only. VareseSarabande.com contains copyrighted and other proprietary information. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from VareseSarabande.com. You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through VareseSarabande.com, except as permitted by the Copyright Act or other law.
You agree not to disrupt, modify or interfere with VareseSarabande.com or its associated software, hardware and servers in any way and you will not impede or interfere with others' use of VareseSarabande.com. You further agree not to alter or tamper with any information or materials on or associated with VareseSarabande.com.
You acknowledge that the Service Provider has not reviewed the content of all sites which may be linked to VareseSarabande.com and is not responsible for the content or actions of any other sites linked to VareseSarabande.com and does not endorse them. Your linking to any other service or site from VareseSarabande.com is at your sole risk.
USE OF MATERIAL SUPPLIED BY YOU:
Postings to and communications with VareseSarabande.com are not private. You grant VareseSarabande.com the unrestricted right to use, reproduce, modify, translate, transmit and distribute any material you supply or communicate, including email, to VareseSarabande.com, (including your identity and information about you) in any medium (now in existence or hereafter developed) and for any purpose, including commercial uses, and to authorize others to do so. However, any personal information concerning you shall be subject to the Privacy Statement of Service Provider as posted on VareseSarabande.com.
MATERIALS POSTED BY OTHERS:
You agree that the Service Provider is not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including, without limitation, defamatory, offensive or illicit material.
USE OF THE VARESESARABANDE.COM SHOP:
You are responsible for paying the entire amount due on your purchase, including any applicable taxes, shipping and other charges. With respect to applicable taxes, we will advise you subsequently of the exact amount of tax due on your purchase. VareseSarabande.com has no responsibility whatsoever for any miscalculation or omission of applicable taxes on any sale. All taxes remain your responsibility to pay unless collected from you by Service Provider.
When using the VareseSarabande.com store, you represent and warrant that you are at least 18 years of age and that you possess the legal right to use the VareseSarabande.com store in accordance with the stated terms and usage policies. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or registration account to access the VareseSarabande.com store.
INDEMNIFICATION:
You agree to indemnify the Service Provider and its affiliates, employees, agents and representatives, and to hold them harmless, from any and all claims and loss, cost, liability and expense (including also attorneys fees) which may arise from your submissions, from your unauthorized use of material obtained through VareseSarabande.com, or from your breach of this Agreement, or from your use of VareseSarabande.com. including, without limitation, any claims alleging facts that if true would constitute your breach of these terms and conditions.
If any provision of this Agreement shall be held to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the other terms of usage and shall not affect the validity and enforceability of any remaining provisions.
EDITING AND DELETIONS:
The Service Provider reserves the right, but undertakes no duty, to review, edit, move, or delete any material provided for display or placed on VareseSarabande.com or its Newsgroups, bulletin boards, in its sole discretion, without notice.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY:
YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE PROVIDER'S WEBSITE AT YOUR OWN RISK, THE WEBSITE SERVICE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON INFRINGEMENT, FITNESS FOR A PARTICULAR USE OR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE WEBSITE SERVICE. SERVICE PROVIDER AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE SERVICE.
THE SERVICE PROVIDER AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE SERVICE, INCLUDING, WITHOUT LIMITATION, FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE SERVICE, YOUR USE OF OR RELIANCE ON THE WEBSITE SERVICE OR ANY OF THE INFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT ANY SUCH STATE LAWS MAY APPLY TO YOUR USE OF THE WEBSITE SERVICE, THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE.
TERMINATION:
Service Provider has the right to terminate your ability to access VareseSarabande.com, for any reason, without notice.
JURISDICTION:
You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of California applicable to contracts to be wholly performed therein by persons domiciled therein, regardless of where you may actually be domiciled or resident. Any action based on or alleging a breach of this Agreement or your use of VareseSarabande.com must be brought in a state or federal court in Los Angeles, CA. In addition, you agree to submit to the personal jurisdiction and venue of such courts.
ENTIRE AGREEMENT:
This Agreement is the complete and entire agreement between the parties and supersedes any prior agreement, whether written or oral.
CONTACT INFORMATION:
E-mail:info@VareseSarabande.com
Street Address:
Varese Sarabande Records, Inc.
11846 Ventura Blvd. Suite 130
Studio City, CA
91604, USA
Telephone:
Tel. 818-753-4143
Fax. 818-753-7596
If you don't agree to the terms contained in this Agreement, please exit the Service
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