Extreme
Sports Music Terms and Conditions of Use and Membership
Your
use of this site and/or by applying for or receiving membership
services from eXtreme Sports Music acknowledges your agreement
with the following terms of use. Users of eXtremeSportsMusic.com,
as referred to herein, include without limitation, individual
persons, corporations, companies, partnerships, and associations.
If you do not agree with any of these terms of use, please do
not view or use this site. eXtreme Sports Music (eXSM)
reserves the right, in its sole discretion, to modify these Terms
of Use at any time and you, the user, agree to be bound by such
modifications through your use of the eXSM site.
TRADEMARKS
& COPYRIGHTS
All
content on this site, including, but not limited to, images, illustrations,
audio clips, and photos are protected by copyrights which are
owned or licensed by eXSM. You may not reproduce, perform, create
derivative works from, republish, upload, post, transmit, or distribute
in any way whatsoever any content from eXtreme Sports Music without
the prior written permission of eXSM or itÕs parent company, Handlee
Records. One copy of any content or other downloadable items displayed
on this site, may be created for personal non-commercial home
use only, provided all copyright and other notices contained in
the original are unaltered. Any modification or use of the content
for any other purpose constitutes an infringement of eXSMÕs copyrights
and other proprietary rights.
SUBMISSIONS
Photos,
Stories etc.
Any news stories, travel stories, photos, audio clips (other
than copyrighted original music), messages, suggestions, ideas,
or concepts that are submitted shall become, and remain, the property
of eXtreme Sports Music. Additionally, eXSM is not responsible
for the confidentiality of any information communicated to its
web site. By communicating content to eXSMÕs site, you are granting
eXSM a royalty-free, non-exclusive, perpetual, unrestricted, worldwide
license to publish, transmit, perform,display,reproduce, copy,
publish,translate, adapt, modify, and otherwise exploit the content(s)
(in whole or in part) and to incorporate the content(s) in other
works in all any and all markets and media, whether now known
or hereafter developed, throughout the universe in perpetuity
for any purpose, including, but not limited to, advertising and
promotional purposes.
Classified
Ads
To
post a free classified ad on eXtreme Sports Music, you must agree
to our policies. We reserve the right to remove any ads in violation
of our policies. Ads should be posted with a general audience
in mind (all ages, races, and religions). eXtreme Sports Music
reserves the right to remove all ads that are in violation of
our policies without prior notice and without giving a specific
reason.
By
posting an ad on eXtreme Sports Music, you agree that you will
be solely responsible for the content of any and all classified
ads that you post on this website and that you will indemnify
and hold eXtreme Sports Music harmless for any losses or damages
to yourself or to others that may result directly or indirectly
from any ads posted here or from a resulting exchange of goods.
By
posting an ad on eXtreme Sports Music, you agree to the following
policies:
1. Only registered members of eXtreme Sports Music may post ads
to this website.
2. A limit of one piece of equipment per ad will be enforced
3. All equipment must be legally owned by the individual or business
posting the ad.
4. There is a limit of 5 ads per individual or business (Contact
sales@eXtremeSportsMusic.com for more options).
5. No foul or inappropriate language may be used in the ad. A
violation of this policy will result in immediate removal of your
ad without warning. Hateful or offensive comments are unacceptable.
6. No promotion of illegal activities as defined by the laws of
your country or ours will be tolerated.
7. An ad must be a sincere offer to sell or trade.
eXtreme Sports Music reserves the ultimate decision as to when
or if an ad violates any of these policies.
General
eXtreme Sports Music is not responsible for any information posted
on the siteÕs news, events, photos, classifieds or on any other
forum on the site. You agree not to upload, transmit, distribute
or otherwise publish in these or any other forums connected with
this site any information or content which are:
1.
Libelous, defamatory, obscene, abusive, pornographic, threatening,
or an invasion of privacy;
2. An infringement of the intellectual property rights, including,
but not limited to, copyrights and trademarks, of any person or
entity;
3. Illegal in any way or which advocate illegal activity;
4. Any unsolicited or unauthorized advertising, promotional content
or any other form of solicitation, except in those areas (such
as the gear section) that are designated for such purpose
You
understand that by using this site, you may be exposed to content
that is offensive, indecent, or objectionable. Under no circumstances
will eXtreme Sports Music be liable in any way for any content,
any errors or omissions in any content, or for any loss or damage
of any kind incurred as a result of the use of any content posted,
emailed, transmitted, or otherwise made available via transmission.
We cannot review or monitor every posting made to this web site
and we are not responsible, as such, for the content of such postings.
Likewise, extreme Sports Music is not responsible for the content
of any sites which may be linked to eXtreme Sports Music.com.
Links are provided for your convenience only and are accessed
at your own risk. You acknowledge and agree that eXtreme Sports
Music is not responsible for the availability of external sites
or resources, does not endorse and is not responsible or liable
for any content, advertising, products, or other content on or
available from external sites or resources.
Without
limiting the foregoing, eXtreme Sports Music and its designees
shall have the right to remove any content that violates this
Terms of Use or is otherwise objectionable. In addition, eXtreme
Sports Music reserves the right at all times to disclose any information
necessary in its sole discretion to satisfy any law, regulation
or governmental request, or to edit, refuse to post or remove
any information or content, in whole or in part, that in its sole
discretion are objectionable or in violation of these terms of
use.
Notices
to you may be made in person or via telephone, email, regular
mail, fax, web page or other form of internet message. We may
post notices of changes to the Terms of Use generally on the website.
DISCLAIMERS
By using this web site and/or posting content, you agree to indemnify
eXtreme Sports Music, its officers, directors, employees, agents,
distributors and affiliates for any and all claims, damages, losses
and causes of action arising out of your breach or alleged breach
of this agreement. THE CONTENT ON THIS SITE IS TRANSMITTED AND
DISTRIBUTED "AS IS" AND APPEARS ON THE SITE WITHOUT EXPRESS OR
IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, OR
FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY MAKES NO WARRANTY
AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY
CONTENT ON THE WEB SITE AND DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED ON THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE,
OR THAT DEFECTS WILL BE CORRECTED. Where applicable law does not
allow the exclusion of implied warranties, the foregoing exclusions
may not apply to you.
The
content provided on this web site are for fun and promotional
purposes only. Information and opinions expressed on this site
are not necessarily those of eXtreme Sports Music. Neither the
company, nor its officers, directors, employees, agents, distributors
or affiliates are responsible or liable for any loss damage (including,
but not limited to, actual, consequential, or punitive), liability,
claim, or other injury or cause related to or resulting from any
information posted on this web site.
Any material downloaded or otherwise obtained through the use
of this site is done at your own discretion and risk and you will
be solely responsible for any damage to your computer system or
loss of data that results from the download of any such material.
TERMINATION
eXtreme Sports Music may, in its sole discretion, terminate or
suspend your access to all or part of this site, for any reason.
In the event this agreement is terminated, the restrictions regarding
content appearing on the site, and the representations and warranties,
indemnities, and limitations of liabilities set forth in this
agreement shall survive any such termination.
JURISDICTION
This site is operated by eXtreme Sports Music from its headquarters
in Long Beach, California. eXSM does not represent or warrant
that any content on the site is appropriate or available for use
in other locations. If you choose to access this site from other
locations, you do so at your own risk and are responsible for
compliance with any and all local laws.
This
agreement shall be interpreted and construed in accordance with
the laws of the state of California and any dispute arising out
of this agreement shall be determined in a forum in the county
of Los Angeles, in the state of California. If any provision of
this agreement is deemed void, unlawful or otherwise unenforceable
for any reason, that provision shall be severed from this agreement
and the remaining provisions of this agreement shall remain in
force.
©2003.
All rights are used with permission and/or reserved.