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USER AGREEMENT
("Agreement")
YOUR USE OF THE SITE CONSTITUTES
ACCEPTANCE OF THIS AGREEMENT
Your ("User") use
of this site constitutes your agreement to these terms and conditions.
If you do not agree to this Agreement, you may not use this site and
such use is unauthorized. It is your sole responsibility to check this
Agreement periodically for changes as the owner of this site, musiciansinventory.com,
("Company") reserves the right to amend this Agreement at
any time and in any way and your continued use of this site following
the posting of any changes to the Agreement constitutes acceptance of
such changes. The Company reserves the right to terminate a User's use
of this site at any time without notice and may do so for any breach
of this Agreement or the instructions on this site by User. This Agreement
applies to licensors and advertisers as well.
AGE ELIGIBILITY FOR USE OF THIS SITE
You must be at least 18 years of age to use the site and to enter into
this Agreement. If a parent or guardian wishes to permit a person under
18, and under his or her supervision, to use this site, he or she should
email the Company with his or her explicit permission and acceptance
of full legal responsibility for the minor to do so. If you are not
yet 18, if you are easily offended, or are accessing this site from
any country where material on this site is prohibited or illegal, you
must immediately cease use of the site and immediately leave the site
as you do not have permission to access and use the site.
YOU AGREE TO RECEIVE ELECTRONIC RECORDS
Your use of the site constitutes your express consent to receive information
from Company in an electronic format. You will need a computer with
browser and Internet access to receive such electronic records. Electronic
records may include, but are not limited to, terms and conditions, agreements,
privacy policies, and other items.
LICENSE TO USE THIS SITE
Upon the effective date of this Agreement, the Company hereby grants
you, the user, a non-exclusive, non-transferable limited license to
use this site in strict accordance with the terms and conditions in
this Agreement and as permitted via instructions on this site. You agree
not to make any false or fraudulent statements in your use of or to
gain access to this site. You acknowledge and agree that all content
and services available on this site are property of the creator of such
content and are protected by copyrights, moral rights, trademarks, service
marks, patents, trade secrets, and other proprietary rights and laws,
in the U.S. and internationally. All rights not expressly granted herein
are fully reserved by the Company, its advertisers and licensors. You
agree to pay for any and all purchases and services made using your
name and credit card through this Site. You agree not to challenge any
such charges and to pay for all collections and/or attorneys fees resulting
from any non-payment.
LICENSE RESTRICTIONS
Use
You agree not to make any false or fraudulent statements in your
use of or to gain access to this site or during your use of this
site. Except as may be explicitly permitted through this site,
you agree not to save, download, cut and paste, sell, license,
rent, lease, modify, distribute, copy, reproduce, transmit, publicly
display, publicly perform, publish, adapt, edit, or create derivative
works from materials, code or content on or from this site or
that is property of Company or any advertiser offering materials
through our programs. Systematic retrieval of data or other content
from this site or the site of any party offering materials through
this site to create or compile, directly or indirectly, a collection,
compilation, database or directory without written permission
from the Company is prohibited. In addition, use of the content
or materials for any purpose not expressly permitted in this Agreement
is prohibited.
Password and Login Responsibility
You are responsible for keeping your password and login information
private. If someone other than yourself has gained access to your
password and login information, you must immediately inform us.
We are not responsible for unauthorized access to your account
by third parties.
You agree that you shall not try
to reverse engineer, reverse assemble, reverse compile, decompile,
disassemble, translate or otherwise alter, defraud or create false
results from any executable code, contents or materials on or
received via this site or any advertiser's site. You understand
that such actions are likely to subject you to serious civil and
criminal legal penalties and that the Company shall pursue such
penalties to the full extent of the law to protect its rights
and the rights of its other licensors.
No International Use Where Prohibited
Accessing this site in locations where its contents are illegal
is prohibited. None of the information on this site may be downloaded,
exported or reexported into Libya, Iraq, North Korea, Cuba, the
National Union for the Total Independence of Angola (UNITA), Iran,
Syria, Sudan, Burma (Myanmar), Serbia, the Taliban, Sierra Leone,
Liberia, designated Terrorists and international Narcotics Traffickers,
Foreign Terrorist Organizations, and/or designated foreign persons
who have engaged in activities related to the proliferation of
weapons of mass destruction or any other country with restrictions
imposed by the U.S. Government. By using this site, you agree
that you are not a citizen of or a resident in any of these countries.
You agree that you shall comply with all applicable export and
import control laws and regulations in your use of this site,
or materials or services received through this site, and, in particular,
you shall not export or re-export anything on or received through
this site in violation of local or foreign export laws and/or
without all required U.S. and foreign government licenses.
Export
You agree that you shall comply with all applicable export and
import control laws and regulations in your use of this site,
or materials or services received through this site, and, in particular,
you shall not export or re-export anything on or received through
this site in violation of local or foreign export laws and/or
without all required U.S. and foreign government licenses.
Government Use
If you are a branch or agency of the U.S. Government, the following
provision applies. Any software which is downloaded from or made
available via the site for or on behalf of the United States of
America, its agencies and/or instrumentalities is provided with
Restricted Rights. Use, duplication, or disclosure by the U.S.
Government is subject to restrictions as set forth in subparagraph
(c)(1)(ii) of the Rights in Technical Data and Computer Software
clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of
the Commercial Computer Software - Restricted Rights at 48 CFR
52.227-19, as applicable. Unpublished rights reserved under the
copyright laws of the United States.
USER'S LICENSE GRANT TO SITE
Company does not claim any ownership rights in the text, files, images,
photos, video, sounds, musical works, works of authorship, or any other
materials (collectively, "Content") that you submit and/or
post on the site. After submitting your Content, you continue to retain
all ownership rights in such Content, and you continue to have the right
to use your Content in any way you choose. By submitting any Content
to the site, you hereby grant to Company a limited license to use, modify,
publicly perform, publicly display, reproduce, and distribute such Content
solely on and through the Company. The license you grant to Company
is non-exclusive (meaning you are free to license your Content to anyone
else in addition to Company), fully-paid and royalty-free (meaning that
Company is not required to pay you for the use on the Company's services
of the Content that you submit), sublicensable (so that Company is able
to use its affiliates and subcontractors such as Internet content delivery
networks to provide the Company services), and worldwide (because the
Internet and the Company services are global in reach). The license
is irrevocable with relation to use on Company services. The license
does not grant Company the right to sell your Content, nor does the
license grant Company the right to distribute your Content outside of
the Company services.
You represent and warrant that: (i) you
own the Content submitted by you on or through the Company services
or otherwise have the right to grant the license set forth in this section,
and (ii) the posting of your Content on or through the Company services
does not violate the privacy rights, publicity rights, copyrights, trademarks,
trade secrets, patents and/or contract rights or any other rights of
any person. You agree to pay for all royalties, fees, and any other
monies owing any person by reason of any Content submitted by you to
or through the Company services.
INTELLECTUAL PROPERTY POLICY
You may not post, modify, distribute, or reproduce in any way any copyrighted
material, trademarks, or other proprietary information belonging to
others without obtaining the prior written consent of the owner of such
proprietary rights. It is our policy to terminate the account of users
who repeatedly infringe the copyright rights of others upon receipt
of proper notification to us by the copyright owner or the copyright
owner's legal agent. Without limiting the foregoing, if you believe
that your work has been copied and posted on our site in a way that
constitutes copyright infringement, please provide our Copyright Agent
with the following information: (i) an electronic or physical signature
of the person authorized to act on behalf of the owner of the copyright
interest; (ii) a description of the copyrighted work that you claim
has been infringed; (iii) a description of where the material that you
claim is infringing is located on our site; (iv) your address, telephone
number, and email address; (v) a written statement by you that you have
a good faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law; (vi) a statement by you, made under penalty
of perjury, that the above information in your notice is accurate and
that you are the copyright owner or authorized to act on the copyright
owner's behalf. Our Copyright Agent for notice of claims of copyright
infringement can be reached as follows: Copyright@musiciansinventory.com.
FEES
We reserve the right to charge for our services and to change our fees
from time to time in our sole discretion. If we terminate your use of
and/or access to the site, you shall not be entitled to the refund of
any unused portion of any fees incurred.
THIRD PARTY SITES
You will be transferred to online merchants or other third party sites
through links or frames from this site. You are cautioned to read such
sites' Terms and Conditions and/or Privacy Policies before using such
sites in order to be aware of the terms and conditions of your use of
such sites. You acknowledge that the Company is not responsible for
the accuracy, copyright compliance, legality, decency, or any other
aspect of the contents, products, services or any transmissions received
through such sites. The inclusion of such a link or frame does not imply
endorsement of this site by the Company, its advertisers or licensors,
any association with its operators and is provided solely for your convenience.
You agree that the Company and its licensors have no liability whatsoever
from such third party sites and your usage of them. If you wish to suspend
email from such sites, you must contact them directly.
INDEMNIFICATION
You agree to indemnify and hold the Company, its subsidiaries, and affiliates,
and their respective officers, agents, partners and employees, harmless
from any loss, liability, claim, or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of your use of the
Company's services and/or site and/or arising from a breach of this
Agreement and/or any breach of your representations and warranties set
forth above and/or if any Content that you post on the site or through
our services causes the Company to be liable to another party. The Company
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 shall cooperate with the Company in asserting any
available defenses.
DISPUTES
You agree that the laws of the state of Arkansas shall apply to any
actions or claims arising out of or in relation to this Agreement or
your use of this site, without regard to conflicts of laws principles
thereof.
Any dispute relating in any way to the
site and/or the service (including your visit to or use of the site
and/or the service) shall be submitted to confidential arbitration in
Little Rock, Arkansas, except that, to the extent you have in any manner
violated or threaten to violate the Company's or any of its affiliates'
proprietary or intellectual property rights, we may seek injunctive
or other appropriate relief in any state or federal court of competent
jurisdiction. For the purpose of such relief, you hereby consent to,
and waive all defenses of lack of personal jurisdiction and forum non
conveniens with respect to, non-exclusive venue and jurisdiction in
the state and federal courts of Arkansas.
Arbitration under this Agreement shall
be conducted under the rules then prevailing of the American Arbitration
Association. The arbitrator's award shall be binding and may be entered
as a judgment in any court of competent jurisdiction. To the fullest
extent permitted by applicable law, no arbitration under this Agreement
shall be joined to an arbitration involving any other party subject
to this Agreement, whether through class arbitration proceedings or
otherwise. Any claim, action or proceeding by you related in any way
to the site and/or the service (including your visit to or use of the
site and/or the service) must be instituted within one (1) year after
the cause of action arose or be forever waived and barred.
You are solely responsible for your interactions
with other musiciansinventory.com Users. We reserve the right, but have
no obligation, to monitor disputes between you and other Users.
The Company makes no representation that
materials on this site are appropriate or available for use in other
locations, and accessing them from locations where their contents are
illegal is prohibited. This Agreement shall not be governed by the United
Nations Convention on Contracts for the Sale of Goods.
LEGAL COMPLIANCE
Company may suspend or terminate this Agreement or your use immediately
upon receipt of any notice which alleges that you have used this site
for any purpose that violates any local, state, federal or law of other
nations, including but not limited to the posting of information that
may violate third party rights, that may defame a third party, that
may be obscene or pornographic, that may harass or assault others, that
may violate hacking or other criminal regulations, etc. of its agents,
officers, directors, contractors or employees. In such event, Company
may disclose your identity and contact information, if requested by
a government or law enforcement body or as a result of a subpoena or
other legal action, and Company shall not be liable for damages or results
thereof and you agree not to bring any action or claim against Company
for such disclosure.
PARENTAL FILTERING DEVICES
In accordance with 47 U.S.C. Sec. 230(d), parents are notified that
there are filtering devices which are commercially available that may
assist parents in limiting access to material that is harmful to minors,
such as www.netnanny.com, www.cyberpatrol.com, www.cybersitter.com.
DISCLAIMER OF WARRANTIES
THE COMPANY, ITS ADVERTISERS AND LICENSORS MAKE NO REPRESENTATIONS OR
WARRANTIES ABOUT THIS SITE, THE SUITABILITY OF THE INFORMATION CONTAINED
ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS
RECEIVED THROUGH THIS SITE. ALL OF THIS SITE, THE SUITABILITY OF THE
INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY
SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY, ADVERTISERS AND/OR
ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SITE,
THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH
USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS
SITE, INCLUDING ALL EXPRESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY,
ADVERTISERS AND/OR ITS LICENSORS DO NOT WARRANT THAT THIS SITE, THE
SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE
OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE
ARE ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE
AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL
BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH
THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF
THIS SITE IS SOLELY AT YOUR RISK. USER AGREES THAT IT HAS RELIED ON
NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT.
BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES,
THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM
EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS
BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF,
OR INABILITY TO USE, THIS SITE, THE SUITABILITY OF THE INFORMATION CONTAINED
ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS
RECEIVED THROUGH THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED
LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY,
OR ANY OTHER BASIS, EVEN IF THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, THE COMPANY, ADVERTISERS AND/OR ITS RESPECTIVE LICENSORS' LIABILITY
IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED
BY LAW OF YOUR JURISDICTION.
MISCELLANEOUS
This Agreement constitutes the entire agreement between the parties
related to the subject matter thereof, supersedes any prior or contemporaneous
(oral, written or electronic) agreement between the parties and shall
not be changed except by written agreement signed by an officer of the
Company. If any provision of this Agreement is prohibited by law or
held to be unenforceable, the remaining provisions hereof shall not
be affected, and this Agreement as much as possible under applicable
law shall continue in full force and effect as if such unenforceable
provision had never constituted a part hereof and the unenforceable
provision shall be automatically amended so as to best accomplish the
objectives of such unenforceable provision within the limits of applicable
law. User shall not assign or transfer this Agreement and any such transfer
shall be void.
QUESTIONS
If you have any questions about this Agreement, please contact us at
admin@musiciansinventory.com
Site Submission Rules
By using features of this site that allow you to post or otherwise transmit
information to or through this site, or which may be seen by other users,
you agree that you shall not upload, post, or otherwise distribute or
facilitate distribution of any content -- including text, communications,
video, software, images, sounds, data, or other information -- that:
" is unlawful, threatening, abusive,
harassing, defamatory, libelous, deceptive, fraudulent, invasive of
another's privacy, tortuous, obscene, sexually explicit or graphic,
or otherwise in violation of this site's rules or policies;
" victimizes, harasses, degrades,
or intimidates an individual or group of individuals on the basis of
religion, gender, sexual orientation, race, ethnicity, age, or disability;
" infringes any patent, trade mark,
service mark, trade secret, copyright, moral right, right of publicity,
privacy or other proprietary right of any party;
" constitutes unauthorized or unsolicited
advertising, junk or bulk e-mail (also known as "spamming"),
chain letters, any other form of unauthorized solicitation, or any form
of lottery or gambling;
" contains software viruses or any
other computer code, files, or programs that are designed or intended
to disrupt, damage, or limit the functioning of any software, hardware,
or telecommunications equipment or to damage or obtain unauthorized
access to any data or other information of any third party; or
" impersonates any person or entity,
including any employee or representative of this site, its licensors
or advertisers.
You also agree that you shall not harvest
or collect information about the users of this site or use such information
for the purpose of transmitting or facilitating transmission of unsolicited
bulk electronic e-mail or communications for any other commercial purpose
of your own or a third party.
You further agree that you shall not solicit
or collect information, or attempt to induce any physical contact with,
anyone 18 years old or younger without appropriate prior verifiable
express parental consent.
This site generally does not pre-screen,
monitor, or edit the content posted by users of this site. However,
this site and its agents have the right, at their sole discretion, to
remove any content that, in this site's sole judgment, does not comply
with the Site Submission Rules or is otherwise harmful, objectionable,
or inaccurate. This site is not liable for any failure, delay, damages
or results, in removing such content.
You agree that your use of this site may
be suspended or terminated immediately upon receipt of any notice which
alleges that you have used this site in violation of these Rules and/or
for any purpose that violates any local, state, federal or law of other
nations, including but not limited to the posting of information that
may violate third party rights, that may defame a third party, that
may be obscene or pornographic, that may harass or assault others, that
may violate hacking or other criminal regulations, etc. of its agents,
officers, directors, contractors or employees. In such event, you agree
that the owner of this site may disclose your identity and contact information,
if requested by a government or law enforcement body or as a result
of a subpoena or other legal action, and the owner of this site shall
not be liable for damages or results thereof, and you agree not to bring
any action or claim against the owner of this site for such disclosure.
This site reserves the right to revise
these Site Submission Rules at its discretion, so check back from time
to time to be sure you are complying with the current version.
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