Privacy and Security Disclaimer MIMA Music, Inc. 2008
ACCEPTANCE OF TERMS THROUGH USE USE OF THIS SITE AND ANY RELATED SERVICES ARE SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE INDICATES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE. Overview. This Web site ("Site") contains pages and materials made available for download and viewing by MIMA Music, Inc. ("MIMA"), by individual users of the Site, and by sponsors and other content contributors ("Content Contributors"). Portions of the Site authored by MIMA or its authorized agents, contractors, and employees are referred to herein as "MIMA Materials." Portions of the Site authored by other contributors are referred to herein as "Third Party Materials." Use of MIMA Materials. All MIMA Materials on the Site are protected by federal and international creative copyright and trademark laws and are the property of MIMA Music, Inc. and/or its affiliates. No portion of the MIMA Materials may be reprinted, republished, modified, reproduced, or distributed to be sold in any form without the express written permission of MIMA Music, Inc. You may view or download MIMA Materials for your own personal, non-commercial use. You may not remove any proprietary notices, including creative copyright notices, contained on any downloaded MIMA Materials and you shall comply with any applicable end-user license agreements. With respect to MIMA Materials, any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by MIMA Music, Inc. Accuracy of MIMA Materials. Although MIMA attempts to ensure the integrity and accuracy of MIMA Materials, it makes no guarantees whatsoever as to their correctness or accuracy. It is possible that the MIMA Materials could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to these materials by third parties. In the event that an inaccuracy arises, please inform MIMA at (info "at" mimamusic "dot" org) so that it can be corrected. Information contained on the Site may be changed or updated without notice. Warranty Disclaimer. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED HEREIN OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED ACCURACY OF INFORMATION, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND ANY LINKED WEB SITES. UNDER NO CIRCUMSTANCES SHALL MIMA, ITS AFFILIATES AND ITS SPONSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED HEREIN, OR ANY LINKED WEB SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED HEREIN, OR LINKED WEB SITES IS TO STOP USING THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION, OR LINKED WEB SITES. Indemnification. Upon request of MIMA, you agree to defend, indemnify and hold harmless MIMA, its directors, officers, employees, subsidiaries, affiliates, sponsors and licensors from all liabilities, claims and expense, including attorney's fees, that arise from or relate to your use or misuse of this Site or of information derived from this Site or any breach of these Terms and Conditions of Use. MIMA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with MIMA in asserting any available defenses. Trademark Notice. The marks "MIMA," and affiliated logos are trademarks of MIMA and MIMA reserves all rights to these marks. Some of the marks used on this site are owned by third parties and MIMA makes no claim of ownership to these marks. Infringement. It is MIMA's policy to respect the intellectual property of others and to respond quickly to notices of alleged infringement. MIMA may terminate the access of all users who repeatedly infringe the intellectual property rights of others. Likewise, any apparent infringement of MIMA's intellectual property rights by one of its users will result in the immediate termination of that user's access to the Site. As provided in the Digital Millennium Copyright Act of 1998, MIMA has designated the following individual for notification of potential copyright infringement regarding Member Materials and Third Party Materials on this Site: MIMA Music, Inc. info "at" mimamusic "dot" org MIMA makes no representations whatsoever about any other Web site that you may access though this Site. When you access a non-MIMA Web site, please understand that it is independent from MIMA, and that MIMA has no control over the content on that Web site. In addition, a hyperlink to a non-MIMA Web site does not mean that MIMA endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download from that site is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature, and that such use or download complies with copyright and other applicable laws. Choice of Law and Venue. These Terms and Conditions are entered into in the State of New Jersey, U.S.A., and shall be governed by and construed in accordance with the laws of the State of New Jersey, U.S.A., exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Mercer in the State of New Jersey, U.S.A., and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorneys fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.
|
|---|