Website Terms of Use
Welcome to ExclusiveAlbums.com. This website
is best viewed using a contemporary browser, preferably Microsoft Internet
Explorer 4.0 or later. Use of this site also requires a compatible Macromedia
Flash Player and/or plugin.
Document Language
Exclusive Albums, ExclusiveAlbums.com,
AlbumStudio.com, and AlbumSupplier.com personnel are referenced
as “We” and “Us”,
regardless of typographical error or capitalization. Exclusive
Albums referenced in this document as “ATC” and “Event”.
Use of this website is offered to you on your acceptance
of these TERMS OF USE. Your use of this website or of any content presented
in any and all areas of the website indicates your acknowledgment and
agreement to these TERMS OF USE. If you do not agree to be bound by and
comply with all of the foregoing, you may not access or use any areas
of our website.
Exclusive Albums shall have the right,
at its sole discretion, to modify, add, or remove any terms or conditions
of these TERMS OF USE without notice or liability to you. Any changes
to these TERMS OF USE shall be effectively immediately following the
posting of such changes on this website. The most recent version of these
TERMS OF USE may always be found at www.ExclusiveAlbums.com/legal.
You agree to review these TERMS OF USE from time to time and agree that
any subsequent use by you of this website following changes to these
TERMS OF USE shall constitute your acceptance of all such changes. These
TERMS OF USE were last modified on February 24, 2003.
The bolded section titles in this document
are solely for convenience only and have no legal or contractual effect.
We reserve the right to modify or clarify any part of this document for
any reason.
Disclaimer
This website is for informational purposes only. It
is provided to you solely for sample material purposes, and not for purposes
of resale or distribution. You may not display, download, archive, reformat
or print any information on this website for commercial use.
The performance of this website and all information
contained on, downloaded or accessed from this website are provided to
you on an "as is" basis, without warranties of any kind whatsoever,
including any implied warranties or warranties of merchantability, fitness
for a particular purpose or non-infringement of the rights of third parties.
Exclusive Albums shall not be responsible for any
problems or technical malfunction of any telephone network or lines,
computer on-line systems, servers, Internet access providers, computer
equipment, software, or any combination thereof including any injury
or damage to your or any other person's computer as a result of using
this website.
Exclusive Albums reserves the right,
at its sole discretion, to modify, disable access to or discontinue,
temporarily or permanently, any part or all of this website or any information
contained thereon without liability or notice to you.
As a visitor to our website, you acknowledge and agree
that any reliance on or use by you of any information available on this
website shall be entirely at your own risk. In no event shall Exclusive Albums nor any of its data providers be liable for
any direct, indirect, consequential or exemplary damages arising from
the use or the performance of this website, even if Exclusive Albums or such provider has been advised of the possibility
of such damages.
Confidentiality and Transmissions over the Internet
The transmission of data or information (including communications
by e-mail) over the Internet or other publicly accessible networks is
not secure, and is subject to possible loss, interception or alteration
while in transit. Accordingly, we do not assume any liability for any
damage you may experience or costs you may incur as a result of any transmissions
over the Internet or other publicly accessible networks, such as transmissions
involving the exchange of e-mail with us (including those which may contain
your personal information). In no event will the information you provide
to us be deemed to be confidential, create any fiduciary obligations
to you on our part, or result in any liability to you on our part in
the event that such information is inadvertently released by us or accessed
by third parties without our consent.
User Conduct and Obligations
You agree to follow all applicable laws and regulations
when using this website. Furthermore, you agree that you shall not upload,
post or otherwise transmit through or to this website any content that:
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Is unlawful, abusive, threatening, harmful,
obscene, lewd, offensive, defamatory or otherwise objectionable;
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Might infringe the intellectual property
rights, privacy rights, rights of publicity, or other proprietary
rights of others;
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Contains any viruses, Trojan horses, time
bombs, or any other harmful programs or elements;
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Disrupt, place unreasonable burdens or
excessive loads on, interfere with or attempt to gain unauthorized
access to any portion of our website, its computer systems,
servers or networks;
Provide false information about yourself
to us, impersonate any other person, or otherwise attempt
to mislead others about your identity or the origin of any
content, message or other communication
Transmit junk mail, chain letters, or
other unsolicited bulk e-mail or duplicative messages;
Collect information about other visitors
to our website without their consent or otherwise systematically
extract data or data fields, including without limitation
any financial data or e-mail addresses;
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Sell access to or the use of this website,
including any content contained on, downloaded or accessed
from this website;
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Redistribute any content, including financial
data, provided by us in any manner whatsoever including by
means of printed publication, fax broadcast, web pages, e-mail,
web newsgroups or forums, or any other electronic or paper-based
service or method;
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Intentionally alter the format in which
financial data is provided by us or otherwise circumvent our
regular interfaces to such data, and;
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Embed or import any data provided by us
into any other web site or service (whether or not web-based),
data files or application software, including without limitation
html files, JPEG, GIF, and other picture files, Macromedia
Flash Player files (.swf), Active Server Pages (ASP), Java
Server Pages (JSP), JavaScript (including .js), audio files,
or any other file contained on this web site.
By uploading, posting or otherwise transmitting through or to
our website any content, you grant to us, our successors and
assigns, a non-exclusive, world-wide, royalty free, perpetual,
non-revocable licence to use or distribute such content in any
manner otherwise than as stated in our Privacy Policy.
Indemnification by User
You agree to indemnify, defend and hold us and our affiliates,
business partners, officers, directors, employees and agents harmless
from any loss, liability, claim, demand, damage, or expense (including
reasonable legal fees) asserted by any third party relating in any way
to your use of this website or breach of these TERMS OF USE. We reserve
the right to assume the exclusive defense and control of any matter subject
to indemnification by you, which shall not excuse your indemnity obligations.
Third Party Websites, Content and Products and
Services
Links or pointers to other websites and references to
products and services offered by third parties are provided to you for
convenience only and do not constitute an endorsement or approval by
us of (i) the organizations that operate such websites; (ii) the content,
privacy policies or other TERMS OF USE on such websites; or (iii) such
third party products and services. As we have no control or responsibility
over websites or content maintained by other organizations, or for products
and services offered by third parties, we do not assume any liability
for your use of any of the foregoing. You further acknowledge and agree
that the foregoing shall be used at your own risk.
Proprietary Rights
Exclusive Albums , the ATC logo, and other
identifying marks of Exclusive Albums are and shall
remain the trademarks and trade names and exclusive property of Exclusive Albums , and any unauthorized use of these marks is unlawful.
Other trademarks on this website are the property of their respective
owners. All content on this website, including without limitation all
programs, complied binaries, interface layout, interface text, documentation
and graphics, is the copyrighted property of Exclusive Albums
and is protected by international copyright law. The content on this
website may be used by you only for sample viewing as provided for in
these TERMS OF USE, but may not be taken out of context or presented
in a misleading or discriminatory manner. Any rights not expressly granted
to you are reserved by us.
Notice of Copyright Infringement
Our policy is to comply with all intellectual property
laws and to act expeditiously upon receiving any notice of claimed infringement.
If you believe that your work has been reproduced on this website in
a manner that constitutes copyright infringement, please provide a notice
of copyright infringement containing all of the following information:
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A physical or electronic signature of a person
authorized to act on behalf of the copyright owner for the purposes
of the complaint.
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Identification of the copyrighted work claimed
to have been infringed.
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Identification of the material on our website
that is claimed to be infringing or to be the subject of infringing
activity.
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The address, telephone number or e-mail address
of the complaining party.
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A statement that the complaining party has
a good-faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its
agent or the law.
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A statement, under penalty of perjury, that
the information in the notice of copyright infringement is
accurate, and that the complaining party is authorized to act
on behalf of the owner of the right that is allegedly infringed.
All notices of copyright infringement should be sent to:
Exclusive Albums
Attn: Intellectual Property Manager
3150 Spring St., Ste. D Ct
FFairfax VA 22031
IMPORTANT: We at Exclusive Albums
are committed to establishing our services in as many languages
as possible. However, our company is based in the United States,
and our staff is English-speaking. We apologize, but we can only
correspond in English.
General
If any provision of these TERMS OF USE is held invalid
or unenforceable in any respect by any court having competent jurisdiction,
such provision shall be enforced to the maximum extent permitted by law,
and the remaining provisions of these TERMS OF USE shall continue in
full force and effect. No waiver of any provision of these TERMS OF USE
shall be deemed a further or continuing waiver of such provision or any
other provision of these TERMS OF USE.
You agree that these TERMS OF USE, and other notices
posted on this website have been drawn up in English. Although translations
in other languages of any of the foregoing documents may be available,
such translations may not be up to date or complete. Accordingly, you
agree that in the event of any conflict between the English language
version of the forgoing documents and any other translations thereto,
the English language version of such documents shall govern.
These TERMS OF USE shall be governed by and construed
in accordance with the laws of the state of Georgia applicable
therein, without regard to conflict of laws provisions thereto.
The parties consent to the exclusive jurisdiction of the courts
of, and venue and suits in, Vienna VA.
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