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The televideomusic.com Web Site referred to
as the "Site" is an online music and information service provided by Tele-Video
Production Co., Inc. subject to your compliance with the terms and conditions set forth
below.
IT IS IMPORTANT TO READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE.
BY ENTERING OR USING THE SITE, YOU CONSENT TO COMPLY TO THE TERMS AND CONDITIONS AS SET
FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT
ENTER OR USE THE SITE. TELE-VIDEO PRODUCTION CO., INC. RESERVES THE RIGHT TO CHANGE THIS
AGREEMENT AT ANY TIME, AND SUCH CHANGES SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE
CHANGED AGREEMENT ON THE SITE. YOU AGREE TO AT VARIOUS TIMES, LOOK OVER THIS
AGREEMENT TO BE AWARE OF SUCH CHANGES AND YOUR CONTINUED ENTRY OR USE OF THE SITE
SHALL BE CONSIDERED YOUR ABSOLUTE ACCEPTANCE OF THE CHANGED AGREEMENT.
1. Copyright, Licenses and
Idea Submissions.
The entire contents of the Site are
protected by international copyright and trademark laws. The owner of the copyrights and
trademarks are Tele-Video Production Co., Inc., its affiliates or other third party
licensors. YOU MAY NOT CHANGE, DUPLICATE, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR
DISSEMINATE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE
AND/OR SOFTWARE. You may download music samples or portions of material from the
different areas of the Site solely for your own non-commercial use provided that you agree
not to change or delete any copyright or proprietary notices from the materials. You agree
to grant to Tele-Video Production Co., Inc. a non-exclusive, royalty-free, worldwide,
perpetual license, with the right to sub-license, to reproduce, distribute, transmit,
create derivative works of, publicly display and publicly perform any materials and other
information (including, without limitation, ideas contained therein for new or improved
products and services) you submit to any public areas of the Site (such as image designs
and music) or by e-mail to the webmaster@televideomusic.com by all means and in any media
now known or hereafter developed. You also grant to Tele-Video Production Co., Inc. the
right to use your name in connection with the submitted materials and other information as
well as in connection with all advertising, marketing and promotional material related
thereto. You agree that you shall have no recourse against Tele-Video Production Co., Inc.
for any alleged or actual infringement or misappropriation of any proprietary right in
your communications to Tele-Video Production Co., Inc..
If you believe that content appearing on
the televideomusic.com site constitutes copyright infringement of another party's rights,
please follow the instructions on our Copyrights
and Copyright Agent page.
TRADEMARKS.
televideomusic.com, Tele-Video Music and/or
any other names of Tele-Video Production Co., Inc. or its publications, products, content
or services referenced herein or on the Site are the exclusive trademarks or servicemarks
of Tele-Video Production Co., Inc.. Other product and company names mentioned in the Site
may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for
information, products or services clearly identified as being supplied by
televideomusic.com or Tele-Video Music, Tele-Video Production Co., Inc. does not operate,
control or endorse any information, products or services on the Internet in any way.
Except for televideomusic.com- identified information, products or services, all
information, products and services offered through the Site or on the Internet generally
are offered by third parties that are not affiliated with tele-videomusic.com. You also
understand that televideomusic.com cannot and does not guarantee or warrant that files
available for downloading through the Site will be free of infection or viruses, worms,
Trojan horses or other code that manifest contaminating or destructive properties. You are
responsible for implementing sufficient procedures and checkpoints to satisfy your
particular requirements for accuracy of data input and output, and for maintaining a means
external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND
RISK FOR YOUR USE OF THE SITE AND THE INTERNET. TELE-VIDEO PRODUCTION CO., INC. PROVIDES
THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR
IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT
LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY
MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY, AND TELE-VIDEO PRODUCTION CO., INC. SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE
ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR
RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS,
ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE
INTERNET GENERALLY. TELE-VIDEO PRODUCTION CO., INC. DOES NOT WARRANT THAT THE SERVICE WILL
BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
LIMITATION OF LIABILITY
IN NO EVENT WILL TELE-VIDEO PRODUCTION CO., INC. BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT
OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS
PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION
OR SERVICE. EVEN IF TELE-VIDEO PRODUCTION CO., INC. OR ITS AUTHORIZED REPRESENTATIVES HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS,
OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED
THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. IN SUCH STATES, TELE-VIDEO PRODUCTION CO., INC. LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
Tele-Video Production Co., Inc. makes no
representations whatsoever about any other web site which you may access through this one
or which may link to this Site. When you access a non-Televideo Production co., Inc. Web
site, please understand that it is independent from this site, and that Tele-Video
Production Co., Inc. has no control over the content on that Web site. In addition, a link
to a televideomusic.com Web site does not mean that Tele-Video Production Co.,Inc.
endorses or accepts any responsibility for the content, or the use, of such Web site.
3. Indemnification.
You agree to indemnify, defend and hold
harmless Tele-Video Production Co., Inc., its officers, directors, employees,
agents, licensors, suppliers and any third party information providers to the Service from
and against all losses, expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation of this Agreement (including negligent or wrongful conduct)
by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the
Service), and 3 (Indemnification) are for the benefit of Tele-Video Production Co., Inc.
and its officers, directors, employees, agents, licensors, suppliers, and any third party
information providers to the Service. Each of these individuals or entities shall have the
right to assert and enforce those provisions directly against you on its own behalf.
5.Term; Termination.
This Agreement may be terminated by either
party without notice at any time for any reason. The provisions of paragraphs 1
(Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4
(Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this
Agreement.
6.Miscellaneous.
This Agreement shall all be governed and
construed in accordance with the laws of the State of Pennsylvania applicable to
agreements made and to be performed in Pennsylvania. You agree that any legal action or
proceeding between Tele-Video Production Co., Inc. and you for any purpose concerning this
Agreement or the parties' obligations hereunder shall be brought exclusively in a federal
or state court of competent jurisdiction sitting in Pennsylvania. Any cause of action or
claim you may have with respect to the Service must be commenced within one (1) year after
the claim or cause of action arises or such claim or cause of action is barred.
internet.com's failure to insist upon or enforce strict performance of any provision of
this Agreement shall not be construed as a waiver of any provision or right. Neither the
course of conduct between the parties nor trade practice shall act to modify any provision
of this Agreement. Tele-Video Production Co., Inc. may assign its rights and duties under
this Agreement to any party at any time without notice to you.
Any rights not expressly
granted herein are reserved.
Some of the information on this
Web site may contain prices, images or merchandising and packaging of cd music
covers images regarding future or current music releases. We wish to caution you that
these images or pricing are only presented for the purpose of graphic display and that the
actual prices or images may differ from actual product materially. This is due in
part due to market fluctuations and changes in marketing strategies. |
