PLEASE READ THESE PROVISIONS CAREFULLY BEFORE USING THIS SITE. BY USING
THIS SITE, YOU CONFIRM YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE.
IF YOU ARE NOT AGREEABLE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS
SITE.
DEFINITIONS "Agreement" means the Terms of Use provisions
herein. "Content" means the information, materials, software, photos,
text, graphics, software, music, images, videos, materials and other
materials and services provided on the Site. "THE BAND" means
Chew the Leg Off Records. "Service" means the facilities provided by
THE BAND from
time to time. "User" means any person who establishes or accesses
connection to THE BAND World Wide Web site (the "Site").
DESCRIPTION OF SERVICE THE BAND is providing User with a capability
to send electronic mail via the World Wide Web and on THE BAND' own system.
In consideration for this Service, User agrees to comply with the terms
and conditions as laid down under this Agreement. If any information
provided by User is incomplete or inaccurate or violates any provisions of
the Agreement implicitly or explicitly, THE BAND retains the right to
terminate User's rights to use the Service.
TERMS This Agreement, which incorporates by reference other
provisions applicable to use of the Service, sets forth the terms and
conditions that apply to use of the Service by User. By using the Service
(other than to read this Agreement for the first time), User agrees to
comply with all of the terms and conditions hereof. The right to use The
Service is personal to User and is not transferable to any other person or
entity. User is responsible for all use of User's Account (under any
screen name or password) and for ensuring that all use of User's Account
complies fully with the provisions of this Agreement and all applicable
law. User shall be responsible for protecting the confidentiality of
User's password(s), if any. You shall be responsible for all uses of your
registration, whether or not authorized by you. You agree to immediately
notify THE BAND of any unauthorized use or potential use, of your
registration or password(s).
CHANGED TERMS THE BAND shall have the right at any time to change or
discontinue any aspect or feature of the Service, including, but not
limited to, content, hours of availability, and equipment needed for
access or use. THE BAND shall have the right at any time to change or modify
the terms and conditions applicable to User's use of the Service, or any
part thereof, or to impose new conditions, or terms of use. Any use of the
Service by User after such notice shall be deemed to constitute acceptance
by User of such changes, modifications or additions. THE BAND may change,
add, or delete programs described in this website at any time without
notice. Certain areas of this website may be subject to additional terms
of use. By using such areas, or any part thereof, you agree to be bound by
the additional terms of use applicable to such areas.
COPYRIGHT & USER CONDUCT (a) User shall use The Service for
lawful purposes only. User shall not post or transmit through The Service
any material which violates or infringes in any way upon the rights of
others, which is unlawful, threatening, abusive, defamatory, invasive of
privacy or publicity rights, vulgar, obscene, profane or otherwise
objectionable, which encourages conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate any law, or
which, without THE BAND' express prior approval, contains advertising or any
solicitation with respect to products or services. Any conduct by a User
that in THE BAND's discretion restricts or inhibits any other User from
using or enjoying The Service will not be permitted. User shall not use
The Service to advertise or perform any commercial solicitation,
including, but not limited to, the solicitation of users to become Users
of other online information services competitive with The Service.
(b) THE BAND's Site contains Content which is subject to copyright,
trademark and other proprietary rights. THE BAND or its parent, or
affiliates or licensors owns a copyright in the selection, coordination,
arrangement and enhancement of such Content, as well as in the Content
original to it. User may not modify, publish, transmit, participate in the
transfer or sale, create derivative works, or in any way exploit, any of
the Content, in whole or in part. User may download copyrighted material
for User's personal use only. Except as otherwise expressly permitted
under copyright law, no copying, redistribution, retransmission,
publication or commercial exploitation of downloaded material will be
permitted without the express written permission of THE BAND and the
copyright owner. In the event of any permitted copying, redistribution or
publication of copyrighted material, no changes in or deletion of author
attribution, trademark legend or copyright notice shall be made. User
acknowledges that it does not acquire any ownership rights by downloading
copyrighted material.
(c) User shall not upload, post or otherwise make available on Site
any material protected by copyright, trademark or other proprietary right
without the express permission of the owner of the copyright, trademark or
other proprietary right and the burden of determining that any material is
not protected by copyright rests with the User. User shall be solely
liable for any damage resulting from any infringement of copyrights,
proprietary rights, or any other harm resulting from such a submission. By
submitting material to any public area of THE BAND, User automatically
grants, or warrants that the owner of such material has expressly and
unreservedly granted THE BAND the royalty-free, perpetual, irrevocable,
non-exclusive right and license to use, reproduce, modify, adapt, publish,
translate and distribute such material (in whole or in part) worldwide
and/or to incorporate it in other works in any form, media or technology
now known or hereafter developed for the full term of any copyright that
may exist in such material. User also permits any other User to access,
view, store or reproduce the material for that User's personal use. User
hereby grants THE BAND the right to edit, copy, publish and distribute any
material made available on The Service by User.
(d) The foregoing provisions of this Section are for the benefit of
The Service, its parent corporation, subsidiaries, affiliates and its
third party content providers and licensors and each shall have the right
to assert and enforce such provisions directly or on its own behalf.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY. (A) USER EXPRESSLY
AGREES THAT USE OF THE BAND'S CONTENT AND SITE IS AT USER'S SOLE RISK.
NEITHER THE BAND, IT'S PARENT CORPORATION, AFFILIATES NOR ANY OF THEIR
RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS
WARRANT THAT THE BAND WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE
ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF
THE BAND, OR
AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR
MERCHANDISE PROVIDED THROUGH THE BAND.
(B) THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY
AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS
APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY
CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT,
TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
THE BAND DOES NOT WARRANT THAT DEFECTS WOULD BE CORRECTED OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. YOU (AND NOT THE BAND) ASSUME THE ENTIRE COST OF
ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU. USER SPECIFICALLY ACKNOWLEDGES THAT THE BAND IS NOT LIABLE FOR
THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR
THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS
ENTIRELY WITH USER.
(D) IN NO EVENT WILL THE BAND, OR ANY PERSON OR ENTITY INVOLVED IN
CREATING, PRODUCING OR DISTRIBUTING THE BAND OR THE THE BAND SOFTWARE, BE
LIABLE FOR
ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE
USE OF OR INABILITY TO USE THE SERVICE. USER HEREBY ACKNOWLEDGES THAT THE
PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER THE BAND, NOR ITS
PARENT CORPORATION, AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS
SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS,
INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR
UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SERVICE, OR FOR
ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR
ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE
FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF
ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR
CONSEQUENTIAL DAMAGES.NEITHER THE BAND NOR ITS PARENT, AFFILIATES,
INFORMATION PROVIDERS OR CONTENT PROVIDERS WARRANT OR GUARANTEE THE
TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION.
ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE
USE OF THE INFORMATION. THE AGGREGATE LIABILITY FOR THE BAND TO YOU FOR ALL
CLAIMS ARISING OUT OF THE USE OF THE SITE AND ANY CONTENT OR APPLICATIONS,
IS LIMITED TO $100.00 [U.S CURRENCY]
FULL RELEASE By using this site or any portion thereof you
release and agree to hold harmless THE BAND, its participating sponsors,
advertisers, broadcasters, and any of their respective parent companies,
subsidiaries, affiliates, directors, officers, employees and agencies
(collectively called the "Releasees") from any liability whatsoever for
any claims, costs, injuries, losses or damages of any kind arising
(including without limitation, claims, costs, injuries and losses related
to personal injuries, death, damage to or destruction of property), rights
or publicity, or privacy, defamation or portrayal in a false light,
whether intentional or unintentional, whether under a claim of contract,
tort, negligence, warranty or otherwise framed. None of the Releases are
in any way liable for any problems, congestion, defects, or malfunction or
failure of any system or combination of systems or events, including
damage to the user's computer components, resulting from the participating
or downloading of any materials from or related to the Site.
INDEMNITY You agree to defend, indemnify, and hold harmless
THE BAND and its parent and affiliates and all of their employees, agents,
directors, officers, proprietors, partners, representatives, shareholders,
servants, attorneys, predecessors, successors, and assigns, from and
against any and all claims, proceedings, damages, injuries, liabilities,
losses, costs, and expenses (including reasonable attorneys' fees and
litigation expenses), relating to or arising from your use of the
Services, the Software, the Site, any site of yours that you may link to
our Site or any breach by you of this Agreement. User agrees to defend,
indemnify and hold harmless THE BAND, its affiliates and their respective
directors, officers, employees and agents from and against all claims and
expenses, including attorneys' fees, arising out of the use or misuse of
Content by User or User's Account, or other breach of this Agreement.
SUBMISSIONS TO SITE: By transmitting any suggestions, information,
material, "skins," "channels," or other content (collectively, "content")
to THE BAND, you (a) represent and warrant that such content does not
infringe the intellectual property or proprietary rights of any third
parties (including but not limited to patents, copyrights, or trademark
rights) and that you have all rights necessary to convey such content to
THE BAND, and (b) automatically grant to THE BAND the royalty-free, perpetual,
irrevocable, non-exclusive right and license to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute,
redistribute, transmit, perform and display such content (in whole or
part) worldwide and/or to incorporate it in other works in any form,
media, or technology now known or later developed for the full term of any
rights that may exist in such content. Further, THE BAND is free to use any
ideas, concepts, know-how, techniques, and suggestions contained in any
content or communications you send to the Site for any purpose whatsoever,
including but not limited to creating, manufacturing, and marketing
products and/or services using such information.
THIRD PARTY MATERIALS ON SITE. You acknowledge and agree that
the Site features materials provided by users and other third parties,
including but not limited to user-submitted "channels" and "skins."
THE BAND makes no representation with respect to, nor does it guarantee or endorse
the quality, noninfringement, accuracy, completeness, timeliness,
reliability, or correct sequencing of, such third party materials or any
other materials which such third party materials may access. THE BAND expressly disclaims responsibility and liability for all third-party
provided materials contained on or accessed through the Site.
MONITORING THE BAND shall have the right, but not the obligation,
to monitor the content of the Service, to determine compliance with this
Agreement and any operating rules established by THE BAND and to satisfy any
law, regulation or authorized government request. THE BAND shall have the
right in its sole discretion to edit, refuse to post or remove any
material submitted to or posted on the Service. Without limiting the
foregoing, THE BAND shall have the right to remove any material that
THE BAND,
in its sole discretion, finds to be in violation of the provisions hereof
or otherwise objectionable.
RESPONSIBILITIES OF USER User is responsible for all statements made
and acts or omissions that occur while User's password is being used. User
shall not be entitled to use Site for illegal, immoral, or improper
purposes. Any submissions by User shall be considered non-confidential and
non-proprietary and may be edited, removed, modified, published,
transmitted and displayed by THE BAND without compensation to User. User
represents and warrants that no materials of any kind submitted by User
will violate, plagiarize, or infringe upon the rights of any third party,
including copyright, trademark, rights of privacy or publicity or other
personal or proprietary rights or contain libelous or otherwise unlawful
material. Because user authentication on the Internet is difficult,
THE BAND cannot and does not confirm that each user is who they claim to be.
Because we do not and cannot be involved in user-to-user dealings or
control the behavior of participants on the Site, in the event that you
have a dispute with one or more users, you release THE BAND (and our agents
and employees) from claims, demands and damages (actual and consequential,
direct and indirect) of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising out of or in
any way connected with such disputes.
JURISDICTIONAL ISSUES This web site (excluding linked sites) is
operated by Chew the Leg Off Records from its offices within the Province of
Nova Scotia, Canada. By accessing this web site or the Services you agree that
any claim relating to THE BAND's web site shall be governed exclusively by
the laws of the Province of Nova Scotia, Canada, without regard to its
conflict of law provisions as applied to agreements entered into and
completely performed in Nova Scotia, provided that THE BAND reserves the right
to pursue a user, civilly and criminally in any jurisdiction having
control over the user or the assets of the user.
THE BAND makes no representation that materials on this web site are
appropriate or available for use in other jurisdictions, and accessing the
web site from locations where their contents are illegal is prohibited.
Those who to access this site from other locations do so on their own
discretion and are solely responsible for compliance with local laws.
TERMINATION This agreement is effective until terminated by either
party. User may terminate this agreement at any time by destroying all
Content obtained from any and all THE BAND site(s) and all related
documentation and all copies and installations thereof, whether made under
the terms of this agreement or otherwise. This agreement will terminate
immediately without notice from THE BAND if in THE BAND's sole discretion User
fails to comply with any term or provision of this agreement. Upon
termination, User must destroy all materials obtained from the Site and
any and all other THE BAND site(s) and all copies thereof, whether made
under the terms of this agreement or otherwise.
PROHIBITIONS The following are prohibited:
a) deleting or revising any material posted by any other person or
entity. b) use of any device, software or routine to interfere or
attempt to interfere with the proper working of this website or any
activity being conducted on this site c) talking any action which imposes
or attempts to impose an unreasonable or disproportionately large load on
this website's infrastructure d) if you have any password, allowing
access to a non-public area of this website, disclosing or sharing your
password(s) with any third parties or using your password(s) for any
unauthorized purpose... e) Notwithstanding anything to the contrary
contained herein, using or attempting to use any engine, software, tool,
agent, or other device or mechanism (including without limitation,
browers, spiders, robots avatars or intelligence agents) to navigate or
search this Site other than the search engines and search agents available
on this Site and other than the principal browers of Internet Explorer and
Netscape Navigator. f) attempting to decipher, decompile, disassemble,
or reverse engineer any of the software comprising or in any way making up
a part of this website.
GENERAL PROVISIONS Headings. Headings herein are for convenience
only and shall not affect the interpretation or construction of this
Agreement.
Severability. If any provision of this agreement shall be unlawful,
void, or for any reason unenforceable, then that provision (or portion
thereof as is deemed void, unlawful or unenforceable) shall be deemed
severed from this agreement and shall not affect the validity and
enforceability of any other portion of such provision, or the remaining
provisions.
Miscellaneous. The provisions of this Agreement will survive the
termination of this Agreement. Failure to insist on strict performance of
any term of this Agreement will not operate as a waiver of any subsequent
default or failure of performance. No waiver of any term of this Agreement
will be valid unless in writing and acknowledged in writing or
electronically by both parties. If any portion of this Agreement is
adjudged invalid or unenforceable by a court of competent jurisdiction,
the remaining portions will remain valid, enforceable, and carried into
effect.
Complete Agreement. This Agreement and THE BAND's Privacy Policy,
which is hereby incorporated as if set forth fully herein, represents the
complete agreement between the parties concerning its subject matter.
THE BAND may modify this Agreement at any time by publication on the Site.
Your continued use of the Software following notice of any such
modification will be conclusively deemed acceptance of the revised terms
of this Agreement. If any such revision is unacceptable to you, you will
terminate use of the Software immediately.
Other. THE BAND may revise these terms of use for its web site at any
time without notice. By using this web site you are agreeing to be bound
by the then current version of these Terms of Use. Certain areas of
this website may be subject to additional terms of use. By using such
areas, or any part thereof, you agree to be bound by the additional terms
of use applicable to such areas. The parties specifically disclaim the
UN Convention on Contracts for the International Sale of
Goods
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