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Terms of Use
Updated 7/5/07
Introduction;
Consent to Terms
Please read these Terms of Use before using
www.bozmusic.com or any features of this site, including, but not
limited to, the Boz Music Shop, ISLAND ESTUARY MUSIC PUBLISHING, INC.
RSS Feeds, ISLAND ESTUARY MUSIC PUBLISHING, INC. Blogs and ISLAND
ESTUARY MUSIC PUBLISHING, INC. Podcasts (collectively, the "ISLAND
ESTUARY MUSIC PUBLISHING, INC. Web sites" or the "Service"). By using
the Service, you agree to be bound by these terms of use. If you do not
agree to these terms of use, please exit the Service. We reserve the
right, at our discretion, to modify, add or delete portions of these
terms at any time by posting updated terms of use on the ISLAND ESTUARY
MUSIC PUBLISHING, INC. Web sites. Please check these terms frequently
for updates. Any modifications, additions or deletions to these terms
shall be effective immediately upon posting of updated terms of use.
Your continued use of the Service following the posting of updated terms
of use will mean that you agree to those changes.
Copyrights
The contents of ISLAND ESTUARY MUSIC PUBLISHING, INC. Web sites are
protected by U.S. and international copyright laws. You may not
reproduce, distribute, transmit, display, prepare derivative works, or
perform any copyrighted material on the ISLAND ESTUARY MUSIC PUBLISHING,
INC. Web sites without the prior written consent of ISLAND ESTUARY MUSIC
PUBLISHING, INC., except as provided below. You may copy and print a
limited amount of content, and you may download ISLAND ESTUARY MUSIC
PUBLISHING, INC. Podcast content, for your personal, non-commercial use
only, provided that you include all copyright and other notices
contained in the content and that you do not modify the content. Any
other use of ISLAND ESTUARY MUSIC PUBLISHING, INC. content requires
prior written permission from ISLAND ESTUARY MUSIC PUBLISHING, INC.
Trademarks
You may not use any ISLAND ESTUARY MUSIC PUBLISHING, INC. service marks,
logos or graphics without ISLAND ESTUARY MUSIC PUBLISHING, INC.'s prior
written consent, except that you may use the ISLAND ESTUARY MUSIC
PUBLISHING, INC.-provided logo contained in an ISLAND ESTUARY MUSIC
PUBLISHING, INC. RSS Feed in connection with the personal, noncommercial
use of ISLAND ESTUARY MUSIC PUBLISHING, INC.'s RSS Feeds, subject to the
requirements set forth below in ISLAND ESTUARY MUSIC PUBLISHING, INC.'s
RSS Feed policy.
Use of the
Service
If you use the Service, including by participation in the ISLAND ESTUARY
MUSIC PUBLISHING, INC. Discussions or Chat Areas of the ISLAND ESTUARY
MUSIC PUBLISHING, INC. Web sites or by submission of comments, essays,
e-mails or other information via ISLAND ESTUARY MUSIC PUBLISHING,
INC..org, you must follow a few simple rules:
1.
You may
not post, upload or transmit any messages or materials anonymously or
under a false name or a false e-mail address.
2.
While we
do not seek to limit expression of ideas, certain materials and language
will not be tolerated. You may not post, upload or transmit any material
or links to material that is libelous, defamatory, false, obscene,
indecent, lewd, pornographic, violent, abusive, threatening, harassing,
discriminatory, in violation of the law or that constitutes hate speech.
3.
You may
only post, upload or transmit materials for which you have the copyright
or other permission to distribute electronically. You may not violate,
plagiarize, or infringe on the rights of third parties, including
copyright, trademark, trade secret, privacy, personal, publicity, moral
or proprietary rights. You promise and represent that any posted,
uploaded, included or transmitted materials will be owned by you or in
the public domain.
4.
The
Service can only be used for non-commercial purposes. You cannot
distribute or otherwise publish any material containing any solicitation
of funds, advertising or solicitation for goods and services.
5.
You may
not post, upload or transmit any software or other material which
contains a virus or other harmful code or device. You may not use the
Service to distribute chain letters, mass mailings or "spam" or to
gather e-mail addresses for the purpose of sending "spam" to other users
of the Service.
6.
By
posting, uploading or transmitting any material on or through the
Service, you hereby grant ISLAND ESTUARY MUSIC PUBLISHING, INC. a
non-exclusive, perpetual, royalty-free, worldwide license to use, copy,
sublicense, modify, transmit, publicly perform or display that material,
and your name and location (city, state and/or country), if you provide
that information to us, in connection with that material, in all media,
whether or not now known.
7.
Persons
under the age of eighteen (18) MUST obtain parental permission before
registering for the ISLAND ESTUARY MUSIC PUBLISHING, INC. Discussion
Boards or Chat Forums or posting, uploading or transmitting material on
or through the Service. Children under the age of thirteen (13) are not
eligible to participate in the ISLAND ESTUARY MUSIC PUBLISHING, INC.
Discussions or chats or otherwise post, upload or transmit material on
or through the Service.
8.
You are
solely responsible for any content posted, uploaded or transmitted using
your account. ISLAND ESTUARY MUSIC PUBLISHING, INC. does not and cannot
review every message posted by you and is not responsible for any
materials posted by others in the ISLAND ESTUARY MUSIC PUBLISHING, INC.
Discussions or Chat Forums or on or through the Service. However, ISLAND
ESTUARY MUSIC PUBLISHING, INC. has the right (but not the obligation) to
delete, edit or move any material that it deems, in its sole discretion,
to be in violation of the Rules of the ISLAND ESTUARY MUSIC PUBLISHING,
INC. Discussion Boards or Chat Forums or these Terms of Use, or which it
otherwise, in its sole discretion, considers to be objectionable.
9.
ISLAND
ESTUARY MUSIC PUBLISHING, INC. is not responsible or liable for any
materials posted in the ISLAND ESTUARY MUSIC PUBLISHING, INC.
Discussions or Chat Forums or posted, uploaded or transmitted on or
through the Service. ISLAND ESTUARY MUSIC PUBLISHING, INC. cannot verify
the accuracy of statements that users place on the ISLAND ESTUARY MUSIC
PUBLISHING, INC. Discussions or Chat Forums or on or through the
Service, and does not guarantee that any material has been posted,
uploaded or transmitted with the permission of the copyright or
proprietary owner or is otherwise in compliance with the Rules of the
ISLAND ESTUARY MUSIC PUBLISHING, INC. Discussion Boards or Chat Forums
or these Terms of Use.
10.
By using
the Service, you agree to abide by these rules. You acknowledge that
ISLAND ESTUARY MUSIC PUBLISHING, INC. has the right to delete, edit or
move material that it deems, in its sole discretion, to be in violation
of the Rules of the ISLAND ESTUARY MUSIC PUBLISHING, INC. Discussion
Boards or Chat Forums or these Terms of Use, or which it otherwise, in
its sole discretion, considers to be objectionable. You further
acknowledge that ISLAND ESTUARY MUSIC PUBLISHING, INC. has the right to
limit or terminate access to the ISLAND ESTUARY MUSIC PUBLISHING, INC.
Discussions or Chat Forums for any reason, including violation of the
Rules of the ISLAND ESTUARY MUSIC PUBLISHING, INC. Discussion Boards or
Chat Forums or these Terms of Use.
Representations;
Indemnity
You represent and warrant that (a) any material you post, upload or
transmit on the ISLAND ESTUARY MUSIC PUBLISHING, INC. Discussions or
Chat Forums or on or through the Service does not and will not violate
any Rules of the ISLAND ESTUARY MUSIC PUBLISHING, INC. Discussion Boards
or Chat Forums or these Terms of Use, and (b) your use of the Service
complies with these Terms of Use. You agree that you will indemnify and
hold harmless ISLAND ESTUARY MUSIC PUBLISHING, INC. and its directors,
officers, employees, members and licensees from any and all claims,
liabilities, costs or expenses, including reasonable attorneys' fees,
arising from (1) your breach of any of the above representations and
warranties, (2) your use of the Service, (3) the materials you have
posted, uploaded or transmitted in the ISLAND ESTUARY MUSIC PUBLISHING,
INC. Discussions or Chat Forums or on or through the Service, or (4)
ISLAND ESTUARY MUSIC PUBLISHING, INC.'s publication, distribution or use
of such materials.
Disclaimer
THE SERVICE AND ANY PRODUCTS SOLD ON OR THROUGH THE SERVICE ARE
AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. ISLAND ESTUARY MUSIC PUBLISHING, INC. DOES NOT WARRANT THAT THE
SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DOES ISLAND ESTUARY
MUSIC PUBLISHING, INC. MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE
OBTAINED FROM USE OF THE SERVICE OR ENDORSE, RECOMMEND, OR MAKE ANY
WARRANTIES AS TO THE ACCURACY, RELIABILITY OR CONTENT OF, ANY
INFORMATION, SERVICE, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR
THROUGH THE SERVICE OR THROUGH LINKS ON THE SERVICE. USE OF THIS SERVICE
IS ENTIRELY AT YOUR OWN RISK.
LIMITATION OF
LIABILITY
IN NO EVENT WILL ISLAND ESTUARY MUSIC PUBLISHING, INC., ITS DIRECTORS,
OFFICERS, EMPLOYEES, MEMBERS OR PODCAST CONTENT PROVIDERS BE LIABLE FOR
ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES,
ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR RELATING TO
ANY PRODUCTS SOLD ON OR THROUGH THE SERVICE. IN NO EVENT WILL ISLAND
ESTUARY MUSIC PUBLISHING, INC., ITS DIRECTORS, OFFICERS, EMPLOYEES,
MEMBERS OR PODCAST CONTENT PROVIDERS BE LIABLE FOR ANY AMOUNT IN EXCESS
OF $100.
Online Shopping
In the event a product available on or through the ISLAND ESTUARY MUSIC
PUBLISHING, INC. Shop is listed at an incorrect price or with incorrect
information, ISLAND ESTUARY MUSIC PUBLISHING, INC. will have the right
to refuse or cancel any orders placed for product listed at the
incorrect price. Your receipt of an electronic or other form of order
confirmation does not signify ISLAND ESTUARY MUSIC PUBLISHING, INC.'s
acceptance of your order, nor does it constitute confirmation of ISLAND
ESTUARY MUSIC PUBLISHING, INC.'s offer to sell. ISLAND ESTUARY MUSIC
PUBLISHING, INC. reserves the right at any time after receipt of your
order to accept or decline your order for any reason. ISLAND ESTUARY
MUSIC PUBLISHING, INC. may charge and withhold the applicable sales tax
for orders. Otherwise, you are solely responsible for all sales taxes,
or other taxes, on orders shipped to you.
Copyright Agent
ISLAND ESTUARY MUSIC PUBLISHING, INC. respects the intellectual property
rights of others. If you believe that your work has been copied in a way
that constitutes copyright infringement, please provide the following
information in writing to ISLAND ESTUARY MUSIC PUBLISHING, INC.'s
Copyright Agent:
1.
a
physical or electronic signature of a person authorized to act on behalf
of the owner of the copyright.
2.
a
description of the copyrighted work that you claim has been infringed.
3.
a
description of the material that you claim to be infringing or to be the
subject of infringing activity and that is to be removed or access to
which is to be disabled, and information sufficient to permit us to
locate the material.
4.
information so that we can contact you, such as address, telephone
number and e-mail address.
5.
a
statement that you have 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.
6.
a
statement that the information in the notification is accurate and,
under penalty of perjury, that you are the copyright owner or are
authorized to act on behalf of the owner of a copyright that is
allegedly infringed.
ISLAND ESTUARY
MUSIC PUBLISHING, INC.'s Copyright Agent can be reached as follows:
TCF
Management, Inc. (dba Island Estuary Music Publishing, Inc.)
310 West Central Parkway, #7000
Altamonte Springs, FL 32714
Phone: 407.478.3030
Fax: 407.478.3031
Email:
info@islandestuary.com
International
Users
The Service is controlled and operated within the United States. ISLAND
ESTUARY MUSIC PUBLISHING, INC. makes no representation that content,
materials or products available on or through the Service are
appropriate or available for use outside of the United States. If you
access the Service from a location outside the United States, you are
responsible for compliance with applicable laws, including local laws
regarding online conduct and content and U.S. export laws and
regulations.
Miscellaneous
These terms of use, together with the Privacy Policy, represent the
entire understanding of the parties regarding the use of the ISLAND
ESTUARY MUSIC PUBLISHING, INC. Web Sites and supersede any previous
documents, correspondence, conversations, or other oral or written
understanding related to these terms of use. These terms of use shall be
governed by and construed under State of Florida law without regard to
its choice of law rules, and, where applicable, the laws of the United
States. To the extent permissible by law, any disputes under these terms
of use or relating to the Service shall be litigated in the local or
Federal courts located, and you hereby consent to personal jurisdiction
and venue, in the State of Florida. A modification or waiver of a part
of these terms of use shall not constitute a waiver or modification of
any other portion of the terms of use. If for any reason any provision
of these terms of use is found unenforceable, that provision will be
enforced to the maximum extent permissible, and the remainder of the
terms of use will continue in full force and effect.
Questions
If you have any questions about the terms of use, please contact
ISLAND ESTUARY MUSIC PUBLISHING, INC.
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