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Of Use |
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The following
terms and conditions of use govern your use of the Playroom Galaxy USA Web site. The Site is made available by Playroom Galaxy, Inc. We may change the Terms and Conditions from
time to time, and at any time without notice to you, by posting
such changes on the Site. BY USING THE SITE, YOU ACCEPT AND
AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF
THE SITE. If you do not agree to these Terms and Conditions,
you may not access or otherwise use the Site. By using the Site
following any modifications to the Terms and Conditions, you
agree to be bound by any such modifications to the Terms and
Conditions.
Price Quotes for Music Licenses.
Through the Site, you may be able to request price quotes for
licenses to use certain music for certain discrete purposes.
To obtain such a quote, the Site will make available to you
a form to be completed and submitted to us. We will return to
you a quote for the applicable license(s). A PRICE QUOTE IS
NOT TO BE CONSIDERED AS AN OFFER OR THE ACCEPTANCE OF AN OFFER.
IN NO WAY SHALL A PRICE QUOTE CREATE ANY AGREEMENT, LICENSE
OR GRANT OF RIGHTS, AND EXCEPT AS EXPRESSLY SET FORTH ON THE
SITE, ALL LICENSES WILL BE SUBJECT TO TERMS AND CONDITIONS WHICH
ARE MUTUALLY AGREED TO AND EXECUTED OFF-LINE.
Proprietary Rights. All original
content contained on the Site (including the results of any
song data searched conducted on the Site) is the property of
Playroom Galaxy, Inc. and is protected by all applicable
Federal, State laws, as well as the applicable laws of jurisdictions
outside the United States. Your use of the Site does not grant
to you ownership of any content, features or materials you may
access on the Site. Any commercial use of the Site is strictly
prohibited, except as expressly allowed herein or otherwise
expressly approved by us. You may not copy, reproduce, distribute
or otherwise exploit any music or other content on the Site
without our prior written consent. We reserve the right, at
our sole discretion, to terminate any registration and deny
access to the Site to any one, for any reason, without notice.
Further, any such misuse of music, materials or content contained
on the Site may violate copyright and other laws of the United
States, other countries, as well as applicable state laws and
may be subject to liability for such unauthorized use. We do
not grant any license or other authorization to any user of
our trademarks, service marks, other copyrightable material
or any other intellectual property by including them on the
Site. You also agree and acknowledge that any ideas, concepts,
methods, systems, designs, plans, techniques or other similar
materials that you submit or otherwise communicate to the Site
may be used by us in any manner.
User Conduct. You warrant and
agree that, while using the Site, you shall not upload, post
or transmit to or distribute or otherwise publish through the
Site any materials that: (a) are protected by copyright, or
other proprietary or intellectual property right, or derivative
works with respect thereto, except as provided herein or without
first obtaining permission from us or the copyright owner; (b)
are unlawful, threatening, harassing, profane, tortious, defamatory,
vulgar, obscene, libelous, deceptive, fraudulent, contain explicit
or graphic descriptions or accounts of sexual acts (including
but not limited to sexual language of a violent or threatening
nature directed at another individual or group of individuals),
invasive of another's privacy, or hateful, (c) restrict or inhibit
any other user from using and enjoying the Site, (d) constitute
or encourage conduct that would constitute a criminal offense
or give rise to civil liability, or (e) contain a virus or other
harmful component, advertising of any kind, or false or misleading
indications of origin or statements of fact. You also warrant
and agree that you shall not: (a) impersonate or misrepresent
your affiliation with any other person or entity; (b) upload,
post, publish, transmit, reproduce, distribute or in any way
exploit any information or other material obtained through the
Site for commercial purposes (other than as expressly permitted
by the provider of such information or other material); (c)
engage in spamming or flooding; (d) retain or attempt to retain
copies of audio files that are "streamed" from the
Site (sometimes referred to as "stream-catching")
or (e) attempt to gain unauthorized access to other computer
systems through the Site. Except as otherwise expressly permitted
herein, you may not upload, post, publish, reproduce, transmit
or distribute in any way any component of the Site itself or
derivative works with respect thereto, as the Site is copyrighted
as a collective work under U.S. copyright laws.
We have no obligation to monitor any
content on or through the Site and we assume no obligation.
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 reserve the right to refuse
to post or to remove any information or materials, in whole
or in part, that, in our sole discretion, are unacceptable,
undesirable, inappropriate or in violation of these Terms and
Conditions.
You agree to defend, indemnify and hold the Site Proprietors
and their directors, officers, employees, agents and affiliates
harmless from any and all claims, liabilities, costs and expenses,
including reasonable attorneys' fees, arising in any way from
your use of the Site or the placement or transmission of any
message, information, software or other materials through the
Site by you.
DISCLAIMER OF WARRANTIES. THE
SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS
AND MATERIALS, IS PROVIDED "AS IS," WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES,
OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY,
ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES
OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR THE FUNCTIONS,
FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE,
UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.
WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS' REQUIREMENTS.
NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED
WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE
SITE.
LIMITATION OF LIABILITY. IN NO EVENT SHALL THE SITE PROPRIETORS
OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES,
OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES
ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF,
OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS
AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION,
LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR
LOST SALES, EVEN IF SUCH ENTITY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES
SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
IN NO EVENT SHALL ANY SITE PROPRIETOR BE LIABLE FOR OR IN CONNECTION
WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED
BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE
SITE. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE SITE PROPRIETORS
TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER
IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE
OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR
USE OF THE SITE EXCEED, IN THE AGGREGATE, $10.00.
Links from and to the Site. You
acknowledge and agree that we have no responsibility for the
accuracy or availability of information provided by Web sites
to which you may link from the Site ("Linked Sites").
Links to Linked Sites do not constitute an endorsement by or
association with us of such sites or the content, products,
advertising or other materials presented on such sites. We do
not author, edit, or monitor these Linked Sites. You acknowledge
and agree that we are not responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such content,
goods or services available on such Linked Sites.
Applicable Laws. We control and
operate this Site from our offices in the United States of America.
We do not represent that materials on the Site are appropriate
or available for use in other locations. Persons who choose
to access this Site from other locations do so on their own
initiative, and are responsible for compliance with local laws,
if and to the extent local laws are applicable.
Miscellaneous. The Terms and Conditions
and the relationship between you and us shall be governed by
the laws of the State of Alabama, without regard to its conflict
of law provisions. You agree that any cause of action that may
arise under the Terms and Conditions shall be commenced and
be heard in the appropriate court in the State of Alabama, County
of Cullman. You agree to submit to the personal and exclusive
jurisdiction of the courts located within Cullman County in
the State of Alabama. Our failure to exercise or enforce any
right or provision of the Terms and Conditions shall not constitute
a waiver of such right or provision. If any provision of the
Terms and Conditions is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the
Terms and Conditions remain in full force and effect. You agree
that regardless of any statute or law to the contrary, any claim
or cause of action arising out of or related to use of the Services
or the Terms and Conditions must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
Modifications to the Site and the Services. We reserve
the right, for any reason, in our sole discretion, to terminate,
change, suspend or discontinue any aspect of the Site, including,
but not limited to, content, features or hours of availability.
We may also impose limits on certain features of the Site or
restrict your access to part or all of the Site without notice
or penalty.
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Copyright © 2009 Playroom Galaxy Music Group
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