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Sol
Musical maintains this site SolMusical.com (the "Site") for your
personal entertainment, information, education, and communication. Please feel free to
browse the Site. You may download material displayed on the Site for non-commercial,
personal use only provided you also retain all copyright and other proprietary notices
contained on the materials. You may not, however, distribute, modify, transmit, reuse,
repost, or use the content of the Site for public or commercial purposes, including the
text, images, audio and video, without Sol Musical's written permission.
Your access to and use of the Site is also subject to the
following terms and conditions ("Terms and Conditions") and all applicable laws.
By accessing and browsing the Site, you accept, without limitation or qualification, the
Terms and Conditions and acknowledge that any other agreements between you and Sol Musical
are superseded and of no force or effect. |
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terms and conditions
1.
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You
should assume that everything you see or read on the Site is copyrighted unless otherwise
noted and may not be used except as provided in these Terms and Conditions or in the text
on the Site without the written permission of Sol Musical. Sol Musical neither warrants
nor represents that your use of materials displayed on the Site will not infringe rights
of third parties not owned by or affiliated with Sol Musical.
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2.
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While Sol
Musical uses reasonable efforts to include accurate and up to date information in the
Site, Sol Musical makes no warranties or representations as to its accuracy. Sol Musical
assumes no liability or responsibility for any errors or omissions in the content of the
Site.
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3.
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Your use
of and browsing in the Site are at your risk. Neither Sol Musical nor any other party
involved in creating, producing, or delivering the Site is liable for any direct,
incidental, consequential, indirect, or punitive damages arising out of your access to, or
use of, the Site. Without limiting the foregoing, everything on the Site is provided to
you "AS ISŐ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the
exclusion of implied warranties, so some of the above exclusions may not apply to you.
Check your local laws for any restrictions or limitations regarding the exclusion of
implied warranties. Sol Musical also assumes no responsibility, and shall not be liable
for, any damages to, or viruses that may infect, your computer equipment or other property
on account of your access to, use of, or browsing in the Site or your downloading of any
materials, data, text, images, video, or audio from the Site. Notwithstanding the
foregoing, in no event shall Sol Musical Ős total liability to you for any and all
claims, damages, losses and causes of action (whether in contract or tort or otherwise)
exceed the amount paid by you, if any, for accessing this Site.
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4.
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Any
communication or material you transmit to the Site by electronic mail or otherwise,
including any data, questions, comments, suggestions, or the like is, and will be treated
as, nonconfidential and non-proprietary. Anything you transmit or post may be used by Sol
Musical or its affiliates for any purpose, including, but not limited to, reproduction,
disclosure, transmission, publication, broadcast and posting. You agree not to assert any
ownership right of any kind in the submission (including, but not limited to, copyright,
trademark, unfair competition, moral rights or implied contract) and you waive the right
to receive any financial or other consideration in connection with such unsolicited
submission. Sol Musical is free to use any ideas, concepts, 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.
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5.
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The use
of any images displayed on the Site by you, or anyone else authorized by you, is
prohibited unless specifically permitted by these Terms and Conditions or specific
permission provided elsewhere on the Site. Any unauthorized use of the images may violate
copyright laws, trademark laws, the laws of privacy and publicity, and communications
regulations and statutes.
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6.
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The
trademarks, logos and service marks (collectively the "Trademarks") displayed on
the Site, including SOLMUSICAL.COM, are registered and unregistered Trademarks of Sol
Musical and others. Nothing contained on the Site should be construed as granting, by
implication, estoppel, or otherwise, any license or right to use any Trademark displayed
on the Site without the written permission of Sol Musical or such third party that may own
the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site,
or any other content on the Site, except as provided in these Terms and Conditions, is
strictly prohibited. You are also advised that Sol Musical will aggressively enforce its
intellectual property rights to the fullest extent of the law.
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7.
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Sol
Musical has not reviewed all of the sites linked to the Site and is not responsible for
the content of any off-site pages or any other sites linked to the Site. Your linking to
any other off-site pages or other sites is at your own risk.
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8.
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Although
Sol Musical may from time to time monitor or review discussions, chats, postings,
transmissions, bulletin boards, and the like on the Site, Sol Musical is under no
obligation to do so and assumes no responsibility or liability arising from the content of
any such locations nor for any error, defamation, libel, slander, omission, falsehood,
obscenity, pornography, profanity, danger, or inaccuracy contained in any information
within such locations on the Site.
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9.
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You are
prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory,
obscene, scandalous, abusive, inflammatory, discourteous, pornographic, or profane
material or any material that could constitute or encourage conduct that would be
considered a criminal offense, give rise to civil liability, or otherwise violate any law,
or which advertises or otherwise solicits funds, goods or services, or which contains a
virus or other harmful component. You are also prohibited from posting or transmitting any
intellectual property which infringes any rights of any entities or persons, including,
but not limited to, violating anyoneŐs copyrights or trademarks. You agree to indemnify
Sol Musical for any and all claims, damages, losses and causes of action arising out of
your publication or transmittal of such materials or your failure to comply with these
terms of use. Sol Musica lreserves the right to delete, move or edit messages, images or
any other content that in its sole discretion, deems unacceptable.
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10.
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Software
from this Site is subject to United States Export Controls. No software from this Site may
be downloaded or exported (i) into any country to which the United States has embargoed
goods; or (ii) anyone on the United States Treasury DepartmentŐs list of Specially
Designated Nationals or the U.S. Commerce DepartmentŐs Table of Deny Orders. By
downloading or using the software, you represent and warrant that you are not located in,
under the control of, or a national or resident of any such country or on any such list.
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11.
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This site
is controlled and operated by Sol Musical from its office in the State of New York, United
States of America. Sol Musical makes no representation that materials in the site are
appropriate or available for use outside of New York. Those 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 applicable.
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12.
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This
agreement shall be governed by, construed and enforced in accordance with the laws of the
State of New York, as it is applied to agreements entered into and to be performed
entirely within such State. Any action you bring to enforce this agreement or any matters
related to this Site shall be brought in either the State or Federal Courts located in New
York. If any provision of this agreement is void or unenforceable in whole or in part, the
remaining provisions of this agreement shall not be affected thereby. This agreement will
be governed by New York law without effect to any principles of conflicts of laws.
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13.
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Sol
Musical may at any time revise these Terms and Conditions by updating this posting. You
are bound by any such revisions and should therefore periodically visit this page to
review the then current Terms and Conditions to which you are bound. |
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Copyright 2005 Sol Musical
All rights reserved.
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