|
Acceptance
of these Terms and Conditions
This is an agreement between you, the visitor of B&S Karaoke (www.bnskaraoke.com)
and the owner of these websites, Bill and Sherry Martin
herein referred to as the owner.
By
using the sites listed above, you agree to the terms and
conditions outlined below. We reserve the right to change, modify,
add or remove portions of these terms at any time. If you continue
to use and/or access the sites after we have posted changes to the
terms, it means you have accepted the new terms.
Although
the owner makes a reasonable effort to ensure that information on
this web site is accurate, it may contain inaccuracies or
typographical errors. Information may be changed or updated
without notice and changes may not always be made promptly.
This web site does not constitute an offer or contract.
By accessing our web sites, you agree to the entire
contents and statements herein, and agree to hold the owner his
Agents, Employees, and Affiliates harmless from any and all
liability.
Copyright
All web-site materials, including, but limited to, design, text,
graphics, photographs and other files, and the selection and
arrangement thereof are Copyrighted © 2007 to the owner.
ALL RIGHTS RESERVED. None of the material may be copied,
reproduced, distributed, republished, downloaded, displayed,
posted or transmitted in any form or by any means, including, but
not limited to, electronic, mechanical, photocopying, printing,
recording or otherwise, without the prior written permission of
the owner or the respective copyright owner.
Licenses
and Site Access
The owner grants you a limited license to make personal use only
of the Site. Such grant does not include, without limitation: (a)
any resale or commercial use of the Site or content therein; (b)
the collection and use of any product listings or descriptions;
(c) making derivative uses of the Site and its contents; or (d)
use of any data mining, robots or similar data gathering and
extraction methods. Except as noted above, you are not conveyed
any right or license by implication, estoppels or otherwise in or
under any patent, trademark, copyright or proprietary right of the
owner or any third party.
You may not use, frame or utilize framing techniques to enclose
any trademark, logo or other proprietary information (including
the images found at this Site, the content of any text or the
layout/design of any page or form contained on a page) without the
owner's express written consent. Further, you may not use any meta
tags or any other "hidden text" utilizing the owner's
trademarks or product names without the owner's express written
consent.
Linking
You are granted a limited, nonexclusive right to create a
hyperlink to this Site provided such link does not portray the
owner or any of its
products and services in a false, misleading, derogatory or
otherwise defamatory manner. You may not use a proprietary graphic
or trademark of the owner to link to this Site without the express
written permission of the owner. This limited right may be revoked
at any time.
The owner makes no claim or representation regarding, and accepts
no responsibility for, the quality, content, nature or reliability
of sites accessible by hyperlink from this Site, or sites linking
to this Site. The linked sites are not under the control of the
owner, and the owner is not responsible for the content of any
linked site or any link contained in a linked site, or any review,
changes or updates to such sites. The owner is providing these
links to you only as a convenience, and the inclusion of any link
does not imply affiliation, endorsement or adoption by the owner
of the site or any information contained therein. When leaving
this site, you should be aware that the owner's terms and policies
no longer govern, and therefore you should review the applicable
terms and policies, including privacy and data-gathering
practices, of that site.
User
Conduct
In using this Site, you agree:
-
not
to disrupt or interfere with the security of, or otherwise
abuse, the Site, or any services, system resources, accounts,
servers or networks connected to or accessible through the
Site or affiliated or linked Web sites;
-
not
to disrupt or interfere with any other user's enjoyment of the
Site or affiliated or linked Web sites;
-
not
to upload, post or otherwise transmit through or on this Site
any viruses or other harmful, disruptive or destructive or
illegal files;
-
not
to use or attempt to use another's account, service or system
without authorization from the owner , or create or use a
false identity on this Site;
-
not
to transmit through or on this Site spam, chain letters, junk
mail or any other type of unsolicited mass email to people or
entities who have not agreed to be part of such mailings; and
-
not
to attempt to obtain unauthorized access to the Site or
portions of the Site that are restricted from general access.
In
addition, you agree that you are solely responsible for actions
and communications undertaken or transmitted under your account,
and that you will comply with all applicable local, state,
national and international laws and regulations, including but not
limited to United States export restrictions, that relate to your
use of or activities on this Site.
Forums
and Interactive Areas
This Site may include discussion forums or other interactive
areas. Forums and interactive areas shall be used only for
noncommercial purposes. By using any forum or interactive areas,
you agree not to do any of the following:
-
Upload
to, distribute or otherwise publish through this Site any
message, data, information, text or other material
("Content") that is unlawful, libelous, defamatory,
obscene, pornographic, indecent, lewd, harassing, threatening,
invasive of privacy or publicity rights, abusive, inflammatory
or otherwise objectionable.
-
Upload
or transmit any Content that would constitute or encourage a
criminal offense, violate the rights of any party, or would
otherwise create liability or violate any local, state,
national or international law, including, without limitation,
the regulations of the US Securities and Exchange Commission
or any rules of any securities exchange such as the New York
Stock Exchange, the American Stock Exchange or the Nasdaq.
-
Upload
or transmit any Content that may infringe any patent,
trademark, trade secret, copyright or other intellectual or
proprietary right of any party. By posting any Content, you
represent and warrant that you have the lawful right to
distribute and reproduce such Content.
-
Impersonate
any person or entity or otherwise misrepresent your
affiliation with a person or entity.
-
Without
he owner's written permission, distribute or publish
unsolicited promotions, advertising or solicitations for
funds, goods or services, including junk mail and spam.
The
owner takes no responsibility and assumes no liability for any
Content posted or uploaded by you or any third party, or for any
mistakes, defamation, slander, libel, omissions, falsehoods,
obscenity, pornography or profanity you may encounter. The owner
reserves the right but not the obligation to remove any materials
it deems objectionable. You agree to hold harmless the owner and
its affiliates and parties with whom the owner has contracted for
purposes of hosting or maintaining this Site from all claims based
upon communications made or materials posted by others or the use
by third parties of this Site.
Copyright Policy and
Copyright Agent
All
images and articles on this site are either the
owner's original images and articles, or were obtained with
consent from others sources. The owner has no control
over the actions of others and accepts no liability for them.
It
is the owner's policy to respect the copyright and intellectual
property rights of others. The owner may remove content that
appears to infringe the copyright or other intellectual property
rights of others. In addition, the owner may terminate the
accounts of users who appear to infringe the copyright or other
intellectual property rights of others.
If you believe that the owner or any user of our site has
infringed your copyright in any material way, please notify the
owner and provide the following information:
-
A
physical or electronic signature of the person authorized to
act on behalf of the owner of the copyright interest.
-
An
identification of the copyrighted work claimed to have been
infringed.
-
An
identification of the material that you claim is infringing so
that we may locate it on the site.
-
Your
address, telephone number and email address.
-
A
statement by you that you have a good-faith belief that the
disputed use is not authorized by the copyright owner, its
agent or the law.
-
A
statement by you that the above information in your Notice is
accurate, made under penalty of perjury, and that you are
authorized to act on behalf of the owner of the copyright
interest involved.
Indemnification
You shall remain solely liable for the Content of any messages or
other information you upload or transmit to the owner, including
any discussion forums or interactive areas of this Site. You agree
to indemnify and hold harmless the owner from any claim, action,
demand, loss or damages (including attorneys' fees) made or
incurred by any third party arising out of or relating to your
conduct, your violation of these terms and conditions, or your
violation of any rights of a third party.
Submissions
You agree that any materials, including but not limited to
questions, comments, suggestions, ideas, plans, notes, drawings,
original or creative materials or other information, provided by
you in the form of email or submissions to the owner or postings
on this Site, are non-confidential and shall become the sole
property of the owner. The owner shall own exclusive rights,
including all intellectual property rights, and shall be entitled
to the unrestricted use of these materials for any purpose,
commercial or otherwise, without acknowledgment or compensation to
you. The submission of any materials to the owner, including the
posting of materials to any forum or interactive area, irrevocably
waives any and all "moral rights" in such materials,
including the rights of paternity and integrity.
Disclaimer of
Warranties
You understand and agree that this site and the information,
services, products and materials available through it are provided
on an "as-is" and "as available" basis. You
expressly agree that use of this site is at your sole risk without
warranty.
To the fullest extent permissible pursuant to applicable law, the
owner and its affiliates disclaim all warranties of any kind,
either express or implied, including but not limited to any
warranties of title, or implied warranties of merchantability or
fitness for a particular purpose. No oral or written information
provided by the owner or its affiliates, officers, directors,
employees, agents, providers, merchants, sponsors, licensors or
the like shall create a warranty; nor shall you rely on any such
information or advice.
You expressly agree that use of this site, including all content,
data or software distributed by, downloaded or accessed from or
through this site, is at your sole risk. You understand and agree
that you will be solely responsible for any damage to your
business or your computer system or loss of data that results from
the download of such content, data and/or software.
You acknowledge that the owner does not control in any respect any
information, products or services offered by third parties on or
through this site. Except
as otherwise agreed in writing, the owner and its affiliates
assume no responsibility for and make no warranty or
representation as to the accuracy, currency, completeness,
reliability or usefulness of content or products distributed or
made available by third parties through this site.
The owner assumes no responsibility for any damages suffered by a
user, including, but not limited to, loss of data from delays,
non-deliveries of content or email, errors, system down time,
misdeliveries of content or email, network or system outages, file
corruption or service interruptions caused by the negligence the
owner its affiliates, its licensors or a user's own errors and/or
omissions.
The owner disclaims any warranty or representation that
confidentiality of information transmitted through this web site
will be maintained.
Some states do not allow the limitation or exclusion of certain
warranties or conditions, so some of the above exclusions may not
apply to you.
Limitation on Liability
Under no circumstances, including without limitation negligence,
shall the owner or its parents, subsidiaries, affiliates,
officers, directors, employees, agents, suppliers or any other
party involved in creating, producing, transmitting, or
distributing the site or related services be liable for any
indirect, incidental, special or consequential damages arising
from or in connection with the use or inability to use the site or
any content provided by or through this site, or resulting from
unauthorized access to or alteration of your transmissions or
data, or other information that is sent or received, including but
not limited to damages for lost profits, use, data or other
intangibles, even if the owner 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, so some of the
above may not apply to you. in such jurisdictions, liability is
limited to the fullest extent permitted by law.
Applicable Law
These terms and conditions shall be governed by and construed in
accordance with the laws of the State of California, without
resort to its conflict of law provisions. You agree that any
action at law or in equity arising out of or relating to these
terms and conditions shall be filed only in the Superior Court of
San Francisco County, California, or the United States District
Court for the Northern District of California, and you hereby
irrevocably and unconditionally consent and submit to the
exclusive jurisdiction of such courts over any suit, action or
proceeding arising out of these terms and conditions.
Termination
Notwithstanding any of these terms and conditions, the owner
reserves the right, without notice and in its sole discretion, to
terminate your license to use this Site, and to block or prevent
future access to and use of this Site.
Severability
If any provision of these terms and conditions shall be deemed
unlawful, void or for any reason unenforceable, then that
provision shall be deemed severable from these terms and
conditions and shall not affect the validity and enforceability of
any remaining provisions.
Back
to top |
