THIS GREATINDIEMUSIC.COM AGREEMENT ("AGREEMENT") IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU ("YOU," "YOUR" OR "YOURSELF"), AS THE END USER, AND SLUSH PUPPIE TRI-STATE, INC. (GREATINDIEMUSIC.COM) ("OUR," "US," "WE" OR "GREATINDIEMUSIC"), WHICH GOVERNS YOUR USE OF OUR INTERNET-BASED MUSIC DOWNLOAD SERVICE TOGETHER WITH ALL INFORMATION, CONTENT, PRODUCTS, MATERIALS AND SERVICES MADE AVAILABLE TO YOU THROUGH THE SAME BY US AND/OR THIRD PARTIES (COLLECTIVELY, "THE SERVICE"). PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO USING THE SERVICE. BY DOWNLOADING FILES (MUSIC), USING OR OTHERWISE ACCESSING THE SERVICE, OR ANY COMPONENT THEREOF, IN ANY MANNER WHATSOEVER, YOU ARE CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS HEREIN. THE SERVICE IS OFFERED AND MADE AVAILABLE ONLY TO USERS 18 YEARS OF AGE OR OLDER. IF YOU ARE NOT YET 18 YEARS OLD, PLEASE DISCONTINUE USING THE SERVICE IMMEDIATELY, OR IF, FOR ANY REASON, YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DISCONTINUE USING OUR SITE AND DO NOT ACCESS OR USE THE SERVICE IN ANY MANNER.
1. DISCLAIMER OF WARRANTIES YOU EXPRESSLY AGREE THAT USE OF AND ACCESS TO THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE, THE GREATINDIEMUISC SITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE GREATINDIEMUSIC SITE OR ANY PORTION THEREOF, EXPRESS, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS. OR ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE SERVICE ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS AND/OR YOUR ACCESS TO AND USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
2. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER GREATINDIEMUSIC, ITS LICENSORS, SUPPLIERS, PARTNERS, AFFILIATES OR THIRD-PARTY SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF DAMAGES IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SERVICE, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM OR WHETHER OR NOT GREATINDIEMUSIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold us harmless against any losses, expenses, costs or damages (including our reasonable attorneys' fees, expert fees' and other reasonable costs of litigation or proceedings) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of, or failure to comply with, the terms and conditions of this Agreement, (b) your use of the Service, and/or (c) the use of the Service by any other person using your IDs. We may, in our discretion, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding indemnification obligation will end.
4. CHOICE OF LAW AND CONSENT TO JURISDICTION
This Agreement is governed by the laws of the Commonwealth of Pennsylvania, County of Beaver, U.S.A., without regard to its conflicts of law provisions; and you hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in Bever County, Pennsylvania, U.S.A. with respect to all disputes arising out of or relating to the Service. In addition, you hereby consent to the exclusive jurisdiction of and venue in such courts for any action commenced by you against us (or our affiliates).
5. OTHER IMPORTANT PROVISIONS
5.1 Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section 5.
5.2 You shall not use the Service in any manner contrary to local, state or federal law. GreatIndieMusic expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) by you and reserves the right to terminate your Service immediately upon notice of your failure to comply with any such local, state or federal law.
5.3 Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use.
5.4 If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
5.5 No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with this Agreement.
5.6 You may not assign your rights under this Agreement without our prior written permission and any attempt by you to do so shall be void from inception.
5.8 Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; provided, however, no action arising out of this Agreement or your use of the Service, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose) and you hereby waive any longer statute of limitations that may be permitted by law.
5.9 To the extent it may be applicable, you agree with us to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.
5.10 A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement 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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All materials displayed on this Web Site, including without limitation recordings, software, editorial materials, informational text, photographs, illustrations, artwork and other graphic materials, and names, logos, trademarks and service marks, are the property of GreatIndieeMusic.com or its licensors and are protected by copyright, trademark and other intellectual property laws. Any such content is solely for your personal and non-commercial use. You may not to reproduce, modify, or create derivative works from any such material, and you may not retransmit, distribute, disseminate, transfer, sell, publish, broadcast or circulate any such material to any third party without the express prior written consent of GREATINDIEMUSIC.COM.
Recordings Unauthorized duplication of any recordings downloaded from this site, while may appear convenient, is a violation of copyright law and international treaties. In other words, you may not re-post the recordings on the Internet or make copies for others. GREATINDIEMUSIC.com uses every effort to see that the artists and songwriters who contributed to these recordings receive a percentage of the revenue they generate, so please, don't steal them or allow others to steal them. What's a few pennies to guarantee fairness for all who contributed to your listening enjoyment?
Disclaimer of Warranty The contents of this web site, including but not limited to the software, music files, information, products, services, names, images, pictures, logo's and icons regarding or relating to GREATINDIEMUSIC.com, its affiliates or licensors, are provided "as is" and on an "as available" basis without any representation or endorsement made and without warranty of any kind, whether expressed or implied, including, but not limited to the implied warranties or merchantability, fitness for a particular purpose or non-infringement.
Limitation of Liability In no event shall GREATINDIEMUSIC.com, or any of its affiliates or licensors, be liable for any damages, including without limitation, special, indirect or consequential damages, or any damages, whatsoever resulting from access or use, or inability to access or use this web site or arising out of any materials, information, qualifications or recommendations on this web site.
Links to Third Party Sites Some of the links on this web site will let you leave GreatIndieMusic.com's site. The linked sites are not under the control of GreatINdieMusic.com and GreatIndieMusic.com is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. GreatIndieMusic.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by GreatIndieMusic.com of the site.