a. This is a part of the ALMIGHTY Institute of Music Retail ("ALMIGHTY ") network of web sites. The following rules and regulations apply to all visitors to or users of this Web Site. When you choose to use this web service (the "Service"), you are agreeing to all of the terms and conditions of this Agreement between you and ALMIGHTY. In the case of any violation of these rules and regulations, ALMIGHTY reserves the right to seek all remedies available by law and in equity for such violations. These rules and regulations apply to all visits to the ALMIGHTY both now and in the future.
b. ALMIGHTY
may change, add or remove portions of this Agreement at any time, but if it
does so, it will post such changes on the Service.
c. YOUR
CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY
CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH
RULES, CHANGES, OR MODIFICATIONS.
d. ALMIGHTY
may change, suspend or discontinue certain aspects of the Service at any time,
including the availability of any Service feature, database, or content.
ALMIGHTY may also impose limits on certain features and services or restrict
your access to parts or all of the Service without notice or liability.
a. ALMIGHTY hereby authorizes you to copy materials published by ALMIGHTY on this Web Service solely for non-commercial use within your organization. No other use of the information is authorized. In consideration of this authorization, you agree that any copy of these materials which you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of ALMIGHTY or any third party.
b. TO THE EXTENT ALLOWABLE BY LAW, ALL CONTENTS ON THIS SITE ARE PROTECTED BY COPYRIGHT. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THIS WEB SITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM ALMIGHTY. VISITORS OR USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THIS SITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.
The trademarks, logos and service marks ("Marks")
displayed on this Web Service are the property of ALMIGHTY or other third
parties. Users are not permitted to use these Marks without the prior written
consent of ALMIGHTY or such third party that may own the Mark.
ALMIGHTY may contain
links to other related World Wide Web Internet sites, resources, and sponsors
of ALMIGHTY. Since ALMIGHTY is not responsible for the availability of these
outside resources, or their contents, you should direct any concerns regarding
any external link to the site administrator or Webmaster of such site.
a.
A cookie is a small data file that certain Web sites write to
your hard drive when you visit them. A cookie file can contain information such
as a user ID that the site uses to track the pages you've visited, but the only
personal information a cookie can contain is information you supply yourself. A
cookie can't read data off your hard disk or read cookie files created by other
sites. Some parts of ALMIGHTY use cookies to track user traffic patterns. We do
this in order to determine the usefulness of ALMIGHTY information to our users
and to see how effective our navigational structure is in helping users reach
that information. ALMIGHTY Systems does not correlate this information with
data about individual users, nor does it share this information or sell it to
any third party.
b. If you prefer not to receive cookies on
ALMIGHTY, you can set your browser to warn you before accepting cookies and
refuse the cookie when your browser alerts you to its presence. You can also
refuse all cookies by turning them off in your browser. You do not need to have
cookies turned on to use any area of ALMIGHTY.
a. ALMIGHTY warrants
and represents that it has used reasonable commercial efforts to obtain the
most accurate and timely information available, including information
pertaining to sellers of prerecorded music, including but not limited to, retailers,
distributors, one stops, rack jobbers, and exporters. However, the selling of prerecorded music is
very complex business and subject to rapid changes, so ALMIGHTY
can not and does not guarantee the accuracy, timeliness, reliability or
completeness of any of the information contained on, downloaded or accessed
from this website. ALMIGHTY is providing
this website to you for informational purposes only and is not intended to
provide specific commercial, financial, investment, accounting, tax, or legal
advice.
b. You
expressly agree that use of the Service is at your own risk. Neither the
Service, ALMIGHTY , nor any of their affiliates, employees, agents, content
providers or licensors make any representations or warranties of any kind
regarding the Service, the content or the results that may be obtained form use
of the Service. The Service is provided on an "as is" basis and the
Service and ALMIGHTY specifically disclaims any express or implied warranties,
including without limitation, warranties of fitness for a particular purpose,
warranties of merchantability or warranties against infringements.
c. The
Service, ALMIGHTY, their affiliates, employees, agents, content providers and
licensors shall in no event be liable for any damages or losses, including,
without limitation, direct, indirect, consequential, special, incidental or
punitive damages, resulting from or caused by the Service or its content,
including, without limitation, losses related to: your use or inability to use
the Service; any errors, omissions or defects in the content; or any
interruptions, delays in transmission or computer viruses. In any event, any
liability of the Service, ALMIGHTY, their affiliates, employees, agents,
content providers and licensors shall not exceed the amount paid by you to the
service in the 12 months prior to the claimed injury or damage.
d. ALMIGHTY does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk.
7. USERNAME AND PASSWORD
You may receive or have received a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify ALMIGHTY of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. ALMIGHTY cannot and will not be liable for any loss or damage arising from unauthorized use of your username and/or password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at ALMIGHTY 's sole discretion, and ALMIGHTY may refer you to appropriate law enforcement agencies.
ALMIGHTY
reserves the right at any time to charge fees for access to portions of the
Service or the Service as a whole. However, in no event will you be charged for
access to the Service unless we obtain your prior agreement to pay such
charges. You shall pay all fees and charges incurred through your account at
the rates in effect for the billing period in which such fees and charges are
incurred, including, but not limited to charges for any products or services
offered for sale through the Service by ALMIGHTY or by any other vendor or
service provider. All fees and charges shall be billed to and paid for by you.
You shall pay all applicable taxes relating to use of the Service through your
account.
You shall
have no rights to the proprietary software and related documentation, or any
enhancements or modifications thereto, provided to you in order to access the
Service ("Access Software"). You may not sublicense, assign or
transfer any licenses granted by ALMIGHTY, and any attempt at such sublicense,
assignment or transfer shall be null and void. You may not copy, distribute,
modify, reverse engineer, or create derivative works from Access Software.
ALMIGHTY
may, in its sole discretion, terminate or suspend your access to all or part of
the Service for any reason, including, without limitation, breach or assignment
of this Agreement.
a. This
Agreement has been made in and shall be construed and enforced in accordance
with California Law. Any action to enforce this agreement shall only be brought
in the federal or state courts located in
b.
Notwithstanding any of the foregoing, nothing in this Terms of Use Agreement
will serve to preempt the Almighty Media License Agreement.
c. Official
correspondence must be sent via postal mail to:
ALMIGHTY Institute of
Music Retail
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I AM INDICATING THAT I HAVE READ AND
UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.