Acceptance of Terms of Use
Please review the following terms and conditions carefully. This agreement
is a legally binding contract between you ("You" or "Your")
and MusicDownloadBook.com ("MusicDownloadBook.com," "We"
or "Us") regarding Your access to and use of the MusicDownloadBook.com
web site (the "Site"). By accessing the Site, You agree to the
terms and conditions as outlined in this legal notice. MusicDownloadBook.com
reserves the right to change these terms and conditions from time to time
at its sole discretion, without prior notice, by posting such revised terms
and conditions on the Site. It is Your obligation to routinely review these
terms and conditions and Your continued use of the Site following any such
change (whether or not You have reviewed such change) constitutes Your agreement
to follow and be bound by the terms and conditions as changed.
Your Conduct
You agree not to: (a) upload, transmit, post, email or otherwise make
available to the Site, any content or other material in any format that:
(x) is false, inaccurate, unlawful, harmful, threatening, abusive, harassing,
defamatory, vulgar, obscene, invasive of another's privacy, and/or otherwise
objectionable; (y) infringes any third party's intellectual property;
or (z) contains viruses, worms, Trojan horses, corrupted files, or any
other similar software or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or telecommunications
equipment; (b) alter, remove, or falsify any attributions or other proprietary
designations of origin or source of any other content appearing on the
Site or contained in a file that is uploaded to the Site; (c) impersonate
any person or entity, including, but not limited to, an MusicDownloadBook.com
official or falsely state or otherwise misrepresent Your affiliation with
a person or entity; or (d) attempt, through any means, to gain unauthorized
access to the Site. The use of any device, software or routine that interferes
or attempts to interfere with the proper working of the Site is expressly
prohibited.
Billing
You will be billed for a lump-sum that includes the length of your payment
terms.
Proprietary Rights Restrictions
All material on the Site including without limitation all informational
text, photographs, graphics, audio, video, messages, files, documents,
images or other materials (collectively, the "Materials"), whether
publicly posted or privately transmitted, as well as all derivative works,
is owned by MusicDownloadBook.com or other parties that have licensed
their material to MusicDownloadBook.com and is protected by copyright,
trademark and/or other intellectual property laws. MusicDownloadBook.com
disclaims any proprietary interest in trademarks, service marks, logos,
slogans, domain names and trade names other than its own. Trademarks,
logos, images and service marks displayed on the Site are the property
of either MusicDownloadBook.com or other third parties. You agree not
to display or use such marks without written permission from MusicDownloadBook.com
or the appropriate party.
The Materials on the Site may not be copied, reproduced, republished,
uploaded, posted, transmitted, or distributed in any way, including by
e-mail or other electronic means. Use of the services offered by MusicDownloadBook.com
requires an email address. You, as a Member are solely responsible for
using your own email address to gain authorized access. You also agree
not to disclose or otherwise disseminate your user email address to gain
unauthorized access, except as may be specifically required by law. Unauthorized
access to the service is a breach of this agreement and a violation of
law. Any modification of the Materials, use of the Materials on any web
site or networked computer environment, or use of the Materials for any
purpose other than personal, non-commercial use is a violation of the
copyright, trademark, and other proprietary rights in the Materials and
is expressly prohibited. Nothing on this Site shall be construed as conferring
any license under any of the MusicDownloadBook.com or any third party's
intellectual property rights, whether by estoppels, implication or otherwise.
MusicDownloadBook.com Services
MusicDownloadBook.com makes no claim to ownership or other control or
rights to any software recommended by MusicDownloadBook.com or its agents.
All software recommendations refer to either "Freeware" or software
that is otherwise available without charge to individuals at large for
specific purposes. None of the charges assessed to members of MusicDownloadBook.com
entitle You, as a Purchaser to any ownership, licensing rights or recourse
with regard to use of the software other than those rights offered by
the software owners or licensees. The fees and charges assessed by MusicDownloadBook.com
represent recurring monthly club membership fees which entitle You as
a Purchaser to access to the location, evaluation, and or recommendation
of those software products available from the web site and for the information
provided to purchasers. MusicDownloadBook.com Members may cancel at anytime
during the course of their membership.
Links to Other Web Sites
This Site may produce automated search results or otherwise link You to
other sites on the Internet. If any link is offered connecting You to
a third party web site, it is as an accommodation to You and to the respective
third party site owner and is provided without charge. Sites linked to
and from this Site are not necessarily under the control of MusicDownloadBook.com
and We shall have no responsibilities or liabilities whatsoever for the
content including, without limitation, the accuracy or reliability of
any information, data, opinions, advice or statements set forth therein,
or privacy practices of any such linked site or any link or linking program
at any time. These sites may contain information or material that some
people may find inappropriate or offensive. These other sites are not
under the control of MusicDownloadBook.com, and You acknowledge that MusicDownloadBook.com
is not responsible for the accuracy, copyright compliance, legality, decency,
or any other aspect of the content of such sites. The inclusion of such
a link does not imply endorsement of the site by MusicDownloadBook.com
or any association with its operators. We do not necessarily endorse companies
(or related products or services) to or from which the Site is linked.
If You decide to access any of the third party sites linked to this Site,
You do so entirely at Your own risk.
Disclaimer of Warranties
The Materials on this Site may contain inaccuracies or typographical errors.
We make no representations about the accuracy, reliability, completeness
or timeliness of the Materials. The use of this Site and the Materials
is at your own risk.
MusicDownloadBook.com DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE
OR THAT THIS SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER
HARMFUL GOODS. IF YOUR USE OF THE SITE OR THE MATERIALS RESULTS IN THE
NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, MusicDownloadBook.com
IS NOT RESPONSIBLE FOR THOSE COSTS.
THE SITE, AND THE CONTENTS THEREIN, ARE PROVIDED "AS IS" AND
"AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE
DISCLAIMED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
QUIET ENJOYMENT, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
WE ARE NOT RESPONSIBLE FOR DAMAGE OR LOSS CAUSED BY ERRORS OF THE SITE,
CONTENT ON THE SITE OR THE INTERNET. MusicDownloadBook.com DOES NOT EXERCISE
CONTROL OVER ANY THIRD PARTIES THAT PROVIDE CONTENT TO THE SITE AND THEREFORE
PROVIDES NO REPRESENTATIONS OR WARRANTIES REGARDING SAME. ADDITIONALLY,
THE SITE MAY BE UNAVAILABLE UNEXPECTEDLY AS A RESULT OF ERRORS OR CIRCUMSTANCES
BEYOND OUR CONTROL.
Limitation of Liability
MusicDownloadBook.com AND ITS DIRECTORS, OFFICERS AND EMPLOYEES SHALL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY
OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS
OF PROFITS, LITIGATION OR THE LIKE) ARISING OUT OF (A) THE USE OF THE
SITE, (B) THE CONTENT ON THE SITE, (C) WEB SITES LINKED TO THIS SITE AND
THE CONTENT, GOODS AND/OR SERVICES PROVIDED THEREIN (D) ANY DECISION MADE
OR ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION WITHIN, OR CONTENT
OF, THE SITE, AND/OR (E) THE INABILITY TO USE THE SITE AND CONTENT CONTAINED
THEREIN (INCLUDING, BUT NOT NECESSARILY LIMITED TO, LOSS OF PROFITS, GOODWILL
OR SAVINGS, DOWNTIME, DAMAGE TO OR REPLACEMENT OF PROGRAMS AND DATA),
WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY
OR OTHERWISE (BUT EXCLUDING CLAIMS ARISING OUT OF PERSONAL INJURY OR DEATH)
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MusicDownloadBook.com
CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS
TO THE SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF MusicDownloadBook.com's
SITES/SERVICE/SOFTWARE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MusicDownloadBook.com SITES/SERVICE/SOFTWARE.
THE PROVISIONS OF THIS PARAGRAPH WILL SURVIVE ANY TERMINATION OF THIS
AGREEMENT. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE
FOREGOING LIMITATION MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, hold harmless and release MusicDownloadBook.com,
its directors, officers, and employees, from and against any and all claims,
damages, costs and expenses, including reasonable attorney's fees, arising
from or related to Your use of the Site and/or any content contained therein.
Changes to the Service
We reserve the right to modify, suspend or discontinue all or any portion
of the Site at any time, with or without notice. Unless stated otherwise,
any new features to the current Site shall be subject to these Terms of
Use. Parts of this Site are currently accessible to users without charge,
however We reserve the right to charge users for access to or use of any
portion of the Site in the future. These Terms of Use may be modified
by MusicDownloadBook.com at any time with or without prior notice. Any
such changes will be posted on the Site. Your continued use of the Site
shall be deemed acceptance of any modifications.
Failure to Abide by these Terms
MusicDownloadBook.com may in its sole discretion terminate or suspend
Your access and use of this Site immediately without notice to You if
You breach these Terms of Use or if We are unable to verify or authenticate
any information that You provide to Us. You agree that MusicDownloadBook.com
shall not be liable to You or any third party for any termination of Your
access to any Materials and/or the Site.
Miscellaneous
This Terms of Use constitutes the entire agreement between You and MusicDownloadBook.com
with respect to the Site. If any provision of this Terms of Use is found
to be invalid or unenforceable by a court of competent jurisdiction, such
provision shall be severed from the remainder of the Terms, which shall
remain in full force and effect. No waiver by either party of any breach
or default hereunder shall be deemed to be a waiver of any preceding or
subsequent breach or default. The section headings used herein are for
convenience only.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS TERMS OF USE, UNDERSTAND IT,
AND AGREE TO BE BOUND BY IT. YOU FURTHER AGREE THAT IT IS THE COMPLETE
AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND MusicDownloadBook.com
WHICH SUPERSEDES ANY PROPOSED OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND
ANY OTHER COMMUNICATIONS BETWEEN YOU AND MusicDownloadBook.com RELATING
TO YOUR USE OF THE SITE.
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