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Please read these Terms of Use
carefully before using this site.
- Restrictions on Use
- Content Guidelines
for Interactive Areas
- Submissions to TSAMusic.com
- Privacy
- Limits on Liability
- Indemnification
- Disclaimer of Warranties
- Jurisdiction and Operation of TSAMusic.com
- Termination
- Miscellaneous
- Copyright and Trademark Notices
- If you are under the age of
18, your parent or guardian must accept this agreement
on your behalf.
By using this site, you, the User
or registered Member of TSAMusic.com
("you"), agree to the terms, conditions, notices
and guidelines contained in this Terms of Service
Agreement ("Agreement") and all modifications thereto.
Your continued use of this site following the posting
of changes to this Agreement will signify your acceptance
of such changes. IF YOU DO NOT AGREE TO COMPLY WITH
THIS AGREEMENT, PLEASE DO NOT USE THIS SITE OR THE
SERVICES IT OFFERS.
1. Restrictions on Use.
With the exception of material posted by you on
TSAMusic.com or a website hosted
by TSAMusic.com, material made
available to you on TSAMusic.com
and any other website operated by TSAMusic.com
may not be copied, distributed, reproduced, or republished,
uploaded, posted, or transmitted in any way, without
the prior written consent of TSAMusic.com
You may not download any material, unless otherwise
stated, on this site whether for personal or commercial
use.
If you download sound files or photos
from this site, you may not compromise, delete or
change any copyright, trademark or other proprietary
notices.
2. Content Guidelines for Interactive
Areas. TSAMusic.com offers
a number of "Interactive Areas," including chat
rooms, bulletin boards, forums, and other message
and communications features. Many, though not all,
of these features are concentrated in the following
user area(s): "."
TSAMusic.com does not actively
monitor or edit the content submitted to this area
or in electronic mail messages. We strive, however,
to create a truly safe space for sharing information
on the Internet. To help create this unique space,
you agree to post on TSAMusic.com
only lawful and appropriate content. In addition,
but without limitation, you may not post content
that:
- Defames, threatens, or abuses
others;
- Is racially or ethnically offensive;
- Is obscene, pornographic, profane,
vulgar, or harmful to children;
- Infringes another’s rights
to intellectual property, publicity, privacy
or other proprietary rights;
- Promotes cruelty to animals;
- Impersonates anyone other than
yourself including another Member or a TSAMusic.com
employee;
- Contains information intended
to assist in the placement of a bet or wager;
- Facilitates the delivery of
"spam" e-mail;
- Provides instructions on how
to accomplish illegal acts, including the making
of bombs, grenades and other weapons;
- Contains viruses, corrupted
files, or any other similar software or programs
that are intended to or designed to damage the
operation of another’s computer; or
- Provides hyperlinks to any
website known to offer any of the foregoing
types of forbidden content.
You will be held personally and
legally responsible for all content you post to
TSAMusic.com. If you post content
that violates these Content Guidelines, including
the transmission of any data, text, files, links,
software, communication or other materials, you
could be subject to civil and criminal liability.
If you notice content on TSAMusic.com
that violates these Content Guidelines, please contact
sweeney@tsamusic.com.
If you would like information on
parental control measures that can filter out certain
unwanted Internet content, see http://www.cyberpatrol.com/.
Members who violate these Terms
of Service may have their membership revoked, services
canceled, and their submissions to myAgent and their
Artist Webpages, or portions thereof suspended or
removed without notice or warning. TSAMusic.com
reserves the right to edit or delete any content,
excluding your own musical works, which you post
on TSAMusic.com or any other website
operated by Tim Sweeney & Associates
and to suspend or terminate your access to TSAMusic.com
at any time without notice for any reason whatsoever.
3. Submissions to TSAMusic.com.
TSAMusic.com does not endorse
or control any content or information found on Artist
Webpage or in Member e-mail messages sent by user
through TSAMusic.com, and TSAMusic.com
specifically disclaims any liability with regard
to such content.
4. Privacy. By accepting
this Agreement, you expressly consent to our use
of your personal information as explained in our
Privacy Policy, which is incorporated herein by
reference. Our current Privacy Policy is available
here.
5. Limits on Liability. TSAMusic.com
is not liable for:
- The contents of any communication,
message, MP3 file, or other information posted
by you or other third parties on TSAMusic.com
or any other website operated by Tim Sweeney & Associates;
- The contents of any website
not controlled, owned, or operated by TSAMusic.com
that is accessed from or linked to this website;
- Any damages or injury caused
by, including but not limited to, any failure
of performance, error, omission, interruption,
defect, delay in operation of transmission,
computer virus, or line failure; and
- Any direct, indirect, incidental,
special, or consequential damages arising out
of or relating to use of or inability to use
this website, even if TSAMusic.com
has been advised of the possibility of such
damages. 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. If you are dissatisfied
with any portion of this website, or with any
of these Terms of Service, your sole and exclusive
remedy is to discontinue using this website.
6. Indemnification. You
agree to indemnify and hold TSAMusic.com,
its directors, officers, employees, agents and representatives
harmless from all claims, liabilities, losses, damages,
and expenses (including attorneys’ fees and expenses)
arising out of or relating to (a) your use of TSAMusic.com;
or (b) your alleged breach of this Agreement.
7. Disclaimer of Warranties.
The information, material, services, and products
included on this website may include inaccuracies
or typographical errors. TSAMusic.com
may make changes or improvements to this site at
any time.
THE MATERIALS ON THIS SITE ARE PROVIDED
"AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER
EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, TSAMusic.com
DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. TSAMusic.com
DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN
THE MATERIAL ON THIS SITE WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TSAMusic.com DOES NOT WARRANT
OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF
OR THE RESULT OF THE USE OF THE MATERIAL IN THIS
SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY,
TIMELINESS, OR OTHERWISE.
USE OF THIS WEBSITE, INCLUDING BUT
NOT LIMITED TO THE USE OF ANY INTERACTIVE AREA,
IS AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY
FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
8. Jurisdiction and Operation
of TSAMusic.com. This site
is owned and operated by Tim Sweeney & Associates,
31805 Highway 79 South, Temecula, CA 92592.
For further information about Tim Sweeney & Associates,
please send an e-mail to sweeney@tsamusic.com
or call (951) 303-9506
. If you are a resident of the same State, you may
have this information sent to you by e-mail by sending
a letter to the foregoing address with your e-mail
address and a request for this information. TSAMusic.com
makes no representation that materials in this site
are appropriate or available for use in other locations
outside of the United States. Those who choose to
access this site from other locations do so on their
own initiative and are responsible for compliance
with local laws, if and to the extent local laws
are applicable. Software from this site may be subject
to U.S. export controls.
This Agreement shall be governed
by the laws of the State of above address and applicable
to contracts entered into and performed exclusively
in that State. Any court of competent jurisdiction
sitting within Temecula, CA will be
the exclusive jurisdiction and venue for any dispute
arising out of or relating to this Agreement.
9. Termination. In
addition and without prejudice to any other legal
or equitable remedies available to TSAMusic.com,
TSAMusic.com or you may terminate
this Agreement at any time and for any reason.
10. Miscellaneous.
This Agreement constitutes the entire agreement
between the parties, and supersedes all prior written
or oral agreements or communications with respect
to the subject matter herein. Sections 3, 4, 6,
7, 8, 9 and 11 of this Agreement shall survive any
termination or cancellation of this Agreement. If
any term of this Agreement is declared unlawful,
void or for any reason unenforceable by any court,
then such term will be deemed severable from the
remaining terms and will not affect the validity
and enforceability of such remaining terms. The
section headings in this Agreement are for convenience
only and must not be given any legal import.
A printed version of this Agreement
and of any notice given in electronic form shall
be admissible in judicial proceedings or administrative
proceedings based upon or relating to this Agreement
to the same extent and subject to the same conditions
as other business documents and records originally
generated and maintained in printed form.
11. Copyright and Trademark
Notices. All contents on this site, unless otherwise
noted, are: © 1994-2008, Tim Sweeney & Associates. All Rights Reserved. If you are a copyright
owner who believes that certain content available
on TSAMusic.com infringes your
copyright, please see the TSAMusic.com Copyright Dispute Resolution
Mechanism.
TSAMusic.comSM
is a servicemark of Tim Sweeney & Associates.
Other product and company names mentioned herein
may be the trademarks of their respective owners.
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