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
freakn 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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