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Legal Notice/Terms of Use

THE SHAKEDOWN BAND: TERMS AND CONDITIONS OF WEB SITE USE

Version 1.0 as of May 8th, 2001

Copyright notice: All material on http://www.angelfire.com/rock3/shakedown/ is protected by copyright law and by international treaties. You may download this material and make reasonable number of copies of this material only for your own personal use. You may not otherwise reproduce, distribute, publicly perform, publicly display, or create derivative works of this material, unless authorized by the appropriate copyright owner(s).

Anyone found guilty of passing these materials to any Shakedown Band non-band member person(s) or organization(s) prior to written consent by all the other Shakedown Band members, may/will be found liable of defrauding the Shakedown Band and will be pursued and dealt with in the fullest degree of a recognized court of law and will be faced with the most extreme maximum fine(s) that we can muster on your silly ass... barring that, we will hunt you down like the freak’n dumb-shit dog that you are and we will kill your stupid ass personally.

Set forth below are the terms and conditions (these "Terms and Conditions") governing the The Shakedown Band web site located at, or linked to through, the root URL http://www.visexpert.com/shake and http://www.angelfire.com/rock3/shakedown/, which may expand or change from time to time (the "Website"). As used herein, the term 'The Shakedown Band" refers to http://www.visexpert.com/shake or http://www.angelfire.com/rock3/shakedown/, Inc., the sole owner and operator of the Websites; the term "you" or "your" refers to an individual, representing yourself or, if applicable, acting as legal representative for a group, business entity or corporation.

CAREFULLY READ THESE TERMS AND CONDITIONS. BY AVAILING YOURSELF OF THE WEBSITE OR RELATED SERVICES, YOU ARE CONSENTING TO BE BOUND BY THESE TERMS AND CONDITIONS AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME AS DESCRIBED BELOW.

Use of Materials Found on the Website: The information, artwork, text, video, audio, pictures, software and other intellectual property (collectively, "Materials") contained on the Website are protected by copyright and international laws. You may only access and use the Materials for personal or educational purposes or as expressly provided for in applicable The Shakedown Band program terms and conditions. You may not otherwise reproduce, distribute, publicly perform, publicly display, modify or create derivative works of the Materials, unless authorized by the appropriate copyright owner(s). In the event that you print Materials found on the Website, you must include any copyright notice originally included with the Materials on all copies. You may not link directly to any media file located on an The Shakedown Band server, and you should not attempt to "pass off" any Materials as your own work. Any computer software downloadable or otherwise available on the Website is provided subject to the terms of the applicable license agreement.

Sites Linked From the Website: Links to third-party web sites from the Website are not necessarily under MP3.com's control, and The Shakedown Band does not assume any responsibility or liability for any content, opinions or materials available at such third-party web sites. The Shakedown Band does not investigate, monitor or check for accuracy such third-party web sites and The Shakedown Band does not intend any such links to third-party web sites to imply The Shakedown Band's sponsorship or endorsement thereof. Your use of such web sites is at your own risk.

Modification of Terms and Conditions: The Shakedown Band may modify these Terms and Conditions from time to time in its sole discretion. When such modification is made, The Shakedown Band will post a revised version of these Terms and Conditions on the Website. Modifications will be effective when they are posted. The Shakedown Band is not required to provide you with notification that any such modification has been made. It is your responsibility to review these Terms and Conditions from time to time to be aware of any such modifications. Each time you log on to the Website, you will be deemed to have accepted any such modifications.

Your Conduct: You shall use the Website for lawful purposes only. You shall not post or transmit via the Website 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 Shakedown Band's express prior approval, contains advertising or any solicitation with respect to products or services.

International Use: The Shakedown Band makes no representation that Materials on this Website are appropriate or available for use in locations outside Canada, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Website from locations outside Canada do so at their own risk and are responsible for compliance with local laws.

WARRANTY DISCLAIMER: YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND RELATED SERVICES IS AT YOUR SOLE RISK. THE WEBSITE, MATERIALS AND RELATED SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SHAKEDOWN BAND MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE WEBSITE OR ANY MATERIALS THEREIN, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION, THE SHAKEDOWN BAND MAKES NO REPRESENTATION THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. THE SHAKEDOWN BAND WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE, INFORMATION OR OTHER CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH OR OTHERWISE AVAILABLE THROUGH THE WEBSITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SUCH OPINION, ADVICE, INFORMATION OR OTHER CONTENT. UNDER NO CIRCUMSTANCE WILL THE SHAKEDOWN BAND BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE, OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER-PROTECTION LAW. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU AND NOTHING CONTAINED HEREIN SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING ANY LIABILITY BEYOND WHAT IS PERMITTED UNDER APPLICABLE LAW.

General Provisions: You agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside. Your correspondence or business dealings with, or participation in promotions of or with parties found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations applicable to such dealings, are solely between you and such parties. These Terms and Conditions are governed in all respects by the laws of the Province of Ontario as such laws are applied to agreements entered into and to be performed entirely within Ontario between Ontario residents. Legal proceedings related to the matters herein shall be brought in and adjudicated solely in the courts of Toronto, Ontario, Canada. Both parties consent to extra-territorial service of process and submit to the jurisdiction of said courts. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. MP3.com's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement of the parties as to the subject matter hereof and supersede all prior proposals, discussions or agreements with respect thereto. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

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