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This web site, including
any sub site accessible through the homepage, (the "Site")
is published and maintained by subsidiaries, affiliates
and/or related entities of Identity Music Group. You can
e-mail us via our contact form.
Please note that when you enter any sub site accessible
through this homepage or the shopping page, such sub
site may have its own terms and conditions of use that
is specific to such sub site. When you access, browse
or use this Site you accept, without limitation or qualification,
the terms and conditions set forth below and any additional
terms and conditions of use set forth in any sub site.
Your Right to Use the
Site and Its Contents
This Site is only for your
personal use. You may not distribute, exchange, modify,
sell or transmit anything you copy from this Site, including
but not limited to any text, images, audio and video,
for any business, commercial or public purpose. As long
as you comply with the terms of these Terms and Conditions
of Use, Identity Music Group grants you a non-exclusive,
non-transferable, limited right to enter, display and
use this Site. You agree not to interrupt or attempt
to interrupt the operation of this Site in any way.
Ownership
All materials on this Site,
including but not limited to audio, images, software,
text and video clips (the "Content"), are
protected by copyright under U.S. copyright law, international
conventions, and other copyright laws. You cannot use
the Content, except as specified herein. You agree to
follow all instructions on this Site limiting the way
you may use the Content. There are a number of proprietary
logos, service marks and trademarks found on this Site.
By making them available on this Site, Identity Music Group
is not granting you any license to utilize those proprietary
logos, service marks, or trademarks. Any unauthorized
use of the Content may violate copyright laws, trademark
laws, the laws of privacy and publicity, and civil and
criminal statutes.
You may download one (1)
copy only of the Content to be used only by you for
your personal use at home unless the sub site you are
accessing states that you may not. If you download any
Content from this Site, you may not remove any copyright
or trademark notices or other notices that go with it.
Rules for Chat rooms, Guestbook, Bulletin Boards
and Other User-Supplied Material
This Site may have an area
that allows you to "chat" or upload and download
materials. When using any of these areas, you agree
not to post, send, transmit, upload or otherwise publish
through this Site, any materials that (1) interfere
with anyone else's use of the Site; (2) are abusive,
illegal, indecent, obscene, offensive or threatening
in any way; (3) encourage anyone to break the law; (4)
violate anyone's copyright or other property right;
(5) interfere with the privacy of any other user; (6)
contain a vIdentity Music Groupus or any other harmful component;
or (7) contain false or misleading statements of fact
or descriptions of the origin of the material or the
communication. You agree to comply with any additional
terms that are referred to on this Site or any sub site
within the Site.
Responsibility for User's Material
You are prohibited from
posting or transmitting any defamatory, libelous, obscene,
pornographic, profane, threatening or unlawful material
or any material that could constitute or encourage conduct
that would be considered a criminal offense or give
rise to civil liability, or otherwise violate any law.
Although Identity Music Group may from time to time monitor
or review bulletin boards, chat rooms, discussions,
postings, transmissions and the like on the Site, Identity Music Group is under no obligation to do so and assumes
no liability or responsibility arising from the contents
of any such communications or for any defamation, error,
inaccuracy, libel, obscenity or profanity contained
in any such communication. Identity Music Group may change,
edit, or remove any user material or conversations that
are illegal, indecent, obscene or offensive, or that
violates Identity Music Group's policies in any way. Identity Music Group will fully cooperate with any law enforcement
authorities or court order requesting or directing Identity Music Group to disclose the identity of anyone posting such
materials.
Identity Music Group's Rights to User's Material
If you send any communications
or materials to the Site by electronic mail or otherwise,
including any comments, data, questions, suggestions
or the like, all such communications are, and will be
treated as, non-confidential and non-proprietary. Thus,
you give up any claim that any use of such material
violates any of your rights including moral rights,
privacy rights, proprietary or other property rights,
publicity rights, rights to credit for material or ideas,
or any other right, including the right to approve the
way Identity Music Group uses such material.
Any material submitted
to this Site may be adapted, broadcast, changed, copied,
disclosed, licensed, performed, posted, published, sold,
transmitted or used by Identity Music Group anywhere in
the world, in any medium, forever. Furthermore, Identity Music Group is free to use, without any compensation to
you, any concepts, ideas, know-how or techniques contained
in any communication you send to the Site for any purpose
whatsoever, including but not limited to developing,
manufacturing and marketing products using such information.
However, you agree and understand that Identity Music Group
is not obligated to use any such ideas or materials
and you have no rights to compel such use.
Transmitted Material
Internet transmissions
are never completely private or secure. You understand
that any message or information you send to this Site
may be read or intercepted by others unless there is
a special notice that a particular message (for example,
credit card information) is encrypted (send in code).
Sending a message to Identity Music Group does not cause
Identity Music Group to have any special responsibility
to you.
Links
This Site may contain links
to other Internet sites on the World Wide Web. Identity
Music Group provides such links for your convenience
only, and is not responsible for the content of any
site linked to or from this Site. Links from this Site
to any other site do not mean that Identity Music Group
approves of, endorses or recommends that site. Identity
Music Group disclaims all warranties, express or implied,
as to the accuracy, legality, reliability or validity
of any content on any other site.
Contests
This Site may contain contests
that require you to send in material or information
about yourself or offer prizes. Each contest has its
own rules, which you must read and agree to before you
may enter.
Rules for Kids (Under Age 16)
If you are under 16, you
should ask your parents or a guardian before you:
E-mail the Site, or ask
us to e-mail anything to you;
Send in any information;
Enter any contest or game
that requires information about you or offers a prize;
Join any club or group;
Post any information on
any bulletin board or enter any chat room; or
Buy anything online.
Availability of Products and Services
The products and services
displayed on the Site may not be available for purchase
in your particular country or locality. The reference
to such products and services on the Site does not imply
or warrant that these products or services will be available
at any time in your particular location. You should
check with Identity Music Group for the availability of
specific products and services in your area.
Identity Music Group's Right to Change These Terms and
Conditions of Use or Content on the Site
Identity Music Group may add
to, change or remove any part of these Terms and Conditions
of Use at any time, without notice. Any changes to these
Terms and Conditions of Use or any terms posted on this
Site apply as soon as they are posted. By continuing
to use this Site after any changes are posted, you are
indicating your acceptance of those changes. Identity Music Group may add, change, discontinue, remove or suspend
any other Content posted on this Site, including features
and specifications of products described or depicted
on the Site, temporarily or permanently, at any time,
without notice and without liability.
Indemnification
You agree to indemnify,
defend and hold Identity Music Group and all of its agents,
directors, employees, information providers, licensors
and licensees, officers and parent, (collectively, "Indemnified
Parties") harmless from and against any and all
liability and costs (including, without limitation,
attorneys' fees and costs), incurred by the Indemnified
Parties in connection with any claim arising out of
any breach by you of these Terms and Conditions of Use
or the foregoing representations, warranties and covenants.
You will cooperate as fully as reasonably required in
Identity Music Group's defense of any claim. Identity Music Group
reserves the right, at its own expense, to assume the
exclusive defense and control of any matter otherwise
subject to indemnification by you and you shall not
in any event settle any matter without the written consent
of Identity Music Group.
Disclaimer of Warranties and Damages; Limitation of
Liability
YOUR USE OF THIS SITE IS
AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND
FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS
SITE) IS PROVIDED "AS IS." TO THE FULLEST
EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT
ON THIS SITE, Identity Music Group MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE
THROUGH THE SITE, (2) THAT THE SERVER THAT MAKES THIS
SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS
THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER
EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE,
DOWNLOAD FROM OR OTHERWISE USE THE SITE.
UNDER NO CIRCUMSTANCES,
INCLUDING BUT NOT LIMITED TO Identity Music Group'S NEGLIGENCE,
SHALL Identity Music Group BE LIABLE FOR ANY CONSEQUENTIAL,
DIRECT, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES
RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE
OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS
OF THIS SITE, EVEN IF Identity Music Group OR AN AUTHORIZED
REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU. IN NO EVENT SHALL Identity Music Group'S TOTAL LIABILITY
TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION
(WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED
TO, NEGLIGENCE OR OTHERWISE), EXCEED $100.00.
General Provisions
These Terms and Conditions
of Use and any additional terms posted on this Site
together constitute the entire agreement between Identity Music Group and you with respect to your use of this Site.
Any cause of action you may have with respect to your
use of this Site must be commenced within (1) year after
the claim or cause of action arises. If for any reason
a court of competent jurisdiction finds any provision
of these Terms and Conditions of Use, or portion thereof,
to be unenforceable, that provision shall be enforced
to the maximum extent permissible so as to effect the
intent of this agreement, and the remainder of these
Terms and Conditions of Use shall continue in full force
and effect. These Terms and Conditions of Use shall
be governed by and construed in accordance with the
laws of the State of California, United States of America,
without reference to its conflicts of law rules.
Privacy Policy
This web site, including
any sub site accessible through the homepage, (the "Site")
is published and maintained by subsidiaries, affiliates
and/or related entities of Identity Music Group. You can
e-mail us via our contact form. When you enter any sub site accessible through this
homepage, such sub site may have its own privacy policy,
which is specific to such sub site. When you access,
browse or use this Site you accept, without limitation
or qualification, the terms and conditions of any privacy
policies set forth in any sub site.
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