The televideomusic.com Web Site referred to as the
"Site" is an online music and information service provided by TeleVideo
Production Co., Inc. subject to your compliance with the terms and conditions set forth
below.
IT IS IMPORTANT TO READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE.
BY ENTERING OR USING THE SITE, YOU CONSENT TO COMPLY TO THE TERMS AND CONDITIONS AS SET
FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT
ENTER OR USE THE SITE. TELEVIDEO PRODUCTION CO., INC. RESERVES THE RIGHT TO CHANGE THIS
AGREEMENT AT ANY TIME, AND SUCH CHANGES SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE
CHANGED AGREEMENT ON THE SITE. YOU AGREE TO AT VARIOUS TIMES, LOOK OVER THIS
AGREEMENT TO BE AWARE OF SUCH CHANGES AND YOUR CONTINUED ENTRY OR USE OF THE SITE
SHALL BE CONSIDERED YOUR ABSOLUTE ACCEPTANCE OF THE CHANGED AGREEMENT.
1. Copyright, Licenses and
Idea Submissions.
The entire contents of the Site are protected by
international copyright © and trademark laws. The owner of the copyrights and
trademarks are TeleVideo Production Co., Inc., its affiliates or other third party
licensors. YOU MAY NOT CHANGE, DUPLICATE, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR
DISSEMINATE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE
AND/OR SOFTWARE. You may download music samples or portions of material from the
different areas of the Site solely for your own non-commercial use provided that you agree
not to change or delete any copyright or proprietary notices from the materials. You agree
to grant to TeleVideoProduction Co., Inc. a non-exclusive, royalty-free, worldwide,
perpetual license, with the right to sub-license, to reproduce, distribute, transmit,
create derivative works of, publicly display and publicly perform any materials and other
information (including, without limitation, ideas contained therein for new or improved
products and services) you submit to any public areas of the Site (such as image designs
and music) or by e-mail to the webmaster@televideomusic.com by all means and in any media
now known or hereafter developed. You also grant to TeleVideo Production Co., Inc. the
right to use your name in connection with the submitted materials and other information as
well as in connection with all advertising, marketing and promotional material related
thereto. You agree that you shall have no recourse against TeleVideo Production Co., Inc.
for any alleged or actual infringement or misappropriation of any proprietary right in
your communications to TeleVideo Production Co., Inc..
If you believe that content appearing on the
televideomusic.com site constitutes copyright infringement of another party's rights,
please follow the instructions on our Copyrights and Copyright Agent page.
TRADEMARKS.
televideomusic.com, TeleVideo Music, TVPC, and/or
any other names of TeleVideo Production Co., Inc. or its publications, products, content
or services referenced herein or on the Site are the exclusive trademarks or servicemarks
of TeleVideo Production Co., Inc.. Other product and company names mentioned in the Site
may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information,
products or services clearly identified as being supplied by televideomusic.com or
TeleVideoMusic, TeleVideo Production Co., Inc. does not operate, control or endorse any
information, products or services on the Internet in any way. Except for
televideomusic.com- identified information, products or services, all information,
products and services offered through the Site or on the Internet generally are offered by
third parties that are not affiliated with televideomusic.com. You also understand that
televideomusic.com cannot and does not guarantee or warrant that files available for
downloading through the Site will be free of infection or viruses, worms, Trojan horses or
other code that manifest contaminating or destructive properties. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your particular requirements
for accuracy of data input and output, and for maintaining a means external to the Site
for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR
YOUR USE OF THE SITE AND THE INTERNET. TELEVIDEO PRODUCTION CO., INC. PROVIDES THE SITE
AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION
WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION
OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND TELEVIDEO
PRODUCTION CO., INC. SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR
INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE
ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND
OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. TELEVIDEO
PRODUCTION CO., INC. DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE
OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
LIMITATION OF LIABILITY
IN NO EVENT WILL
TELEVIDEO PRODUCTION CO.,
INC. BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR
INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR
ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE,
OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF TTELEVIDEO PRODUCTION CO., INC. OR ITS
AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II)
ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR
MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, TTELEVIDEO PRODUCTION CO., INC.
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
TeleVideo Production Co., Inc. makes no
representations whatsoever about any other web site which you may access through this one
or which may link to this Site. When you access a non-Televideo Production co., Inc. Web
site, please understand that it is independent from this site, and that TeleVideo
Production Co., Inc. has no control over the content on that Web site. In addition, a link
to a televideomusic.com Web site does not mean that TeleVideoProduction Co.,Inc. endorses
or accepts any responsibility for the content, or the use, of such Web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless
TeleVideo Production Co., Inc., its officers, directors, employees, agents,
licensors, suppliers and any third party information providers to the Service from and
against all losses, expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation of this Agreement (including negligent or wrongful conduct)
by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service),
and 3 (Indemnification) are for the benefit of TeleVideo Production Co., Inc. and its
officers, directors, employees, agents, licensors, suppliers, and any third party
information providers to the Service. Each of these individuals or entities shall have the
right to assert and enforce those provisions directly against you on its own behalf.
5.Term; Termination.
This Agreement may be terminated by either party
without notice at any time for any reason. The provisions of paragraphs 1 (Copyright,
Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third
Party Rights) and 5 (Miscellaneous) shall survive any termination of this Agreement.
6. Miscellaneous.
This Agreement shall all be governed and construed
in accordance with the laws of the State of Pennsylvania applicable to agreements made and
to be performed in Pennsylvania. You agree that any legal action or proceeding between
TeleVideo Production Co., Inc. and you for any purpose concerning this Agreement or the
parties' obligations hereunder shall be brought exclusively in a federal or state court of
competent jurisdiction sitting in Pennsylvania. Any cause of action or claim you may have
with respect to the Service must be commenced within one (1) year after the claim or cause
of action arises or such claim or cause of action is barred. internet.com's failure to
insist upon or enforce strict performance of any provision of this Agreement shall not be
construed as a waiver of any provision or right. Neither the course of conduct between the
parties nor trade practice shall act to modify any provision of this Agreement. TeleVideo
Production Co., Inc. may assign its rights and duties under this Agreement to any party at
any time without notice to you.
Any rights not expressly
granted herein are reserved.
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