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Copyright © 1997-2004 Music Modes, Inc. All Rights Reserved.
Welcome to Music Modes, Inc. (the “Site”). This Site is provided as a service to our customers. Please review the following TERMS, CONDITIONS AND NOTICES below that govern your use of our Site (the "Agreement"). They also provide notice of some of Music Modes, Inc. policies. Please be advised that your use of our Site constitutes your acceptance of and agreement to follow and be bound by these Terms and Conditions. Although you may "bookmark" a specific section of this Site and thereby bypass this Agreement, your use of this Site still binds you to the terms. Since MUSIC MODES, INC. may revise this Agreement at any time; you should visit this page periodically to review the terms of your use. MUSIC MODES, INC. reserves the right to make changes to the Network of sites and to update or modify these Terms and Conditions at any time without prior notice. Your continued access or use of the MUSIC MODES, INC. Web site following any such revision constitutes your agreement to comply and be bound by the Terms and Conditions as revised. For this purpose, we encourage you to review these Terms and Conditions whenever you use this Web site.
Web Site Security Rules
Users are strictly prohibited from violating or attempting to violate the security of Music Modes, Inc., including, without limitation, (i) accessing data not intended for such user or logging into a server or account which such user is not authorized to access, (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (iii) attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing", or (iv) transmitting unsolicited e-mail, including promotions or advertising of products or services, or (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Violations of Site or network security may result in civil or criminal liability. Music Modes, Inc. will aggressively investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
COPYRIGHT
Music Modes, Inc. owns and manages this Web site and the services available on this Web site. All content contained on this Web site, including text elements, graphics, logos, images, site design and button icons, is the sole property of Music Modes, Inc., its licensors or its third-party suppliers, and is protected by U.S. and international copyright and trademark laws. The compilation (meaning the collection, arrangement and assembly) of all content on this Web site is the exclusive property of Music Modes, Inc., and is protected by U.S. and international copyright laws. All software used on this Site is the property of Music Modes, Inc. or its software suppliers and is protected by U.S. and international copyright laws. The content and software on this Site may be used as a shopping resource. You may not copy, distribute, publish, create derivative works of, or commercially exploit the content of this Web site, or use this Web site for any other reason. Except as otherwise required by applicable law, any distribution, reproduction, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
Music Modes, Inc. is the owner of all intellectual property rights (including copyrights) in the Music Modes, Inc. Site. Material published by Music Modes, Inc. on this Site may contain other proprietary notices or describe products, services, processes or technologies owned by Music Modes, Inc. or third parties. Nothing in these Terms or in the Site shall be construed as granting to you a license under any copyright, trademark, patent or other intellectual property right of Music Modes, Inc. or any third party, except as expressly set forth herein.
The deletion or modification of any copyright or other proprietary notices from the Site is strictly forbidden.
All editorial content and graphics on this Site, in addition to the HTML based computer programs used to generate pages, and the Web site are protected by U.S. copyright laws and international treaties and may not be duplicated without the express permission of Music Modes, Inc., which reserves all rights. Reuse of any of Music Modes, Inc.’ editorial content and graphics for any purpose is strictly prohibited without Music Modes, Inc.’ prior written permission. Please direct any requests for permission to Info@Music Modes, Inc..
Any product, process or technology described in this Site may be the subject of other Intellectual Property rights reserved by Music Modes, Inc. and may not be licensed hereunder.
In accordance with the License Agreement, any software that is made available to download from this Site is solely for use by end users. Law expressly prohibits any reproduction or redistribution of the software not in accordance with the License Agreement.
Any rights not expressly granted herein are reserved.
Music Modes, Inc., the Music Modes, Inc. logo and the products and services described in this Site, including without limitation Music Modes, Inc. are either trademarks or registered trademarks of Music Modes, Inc. and its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Music Modes, Inc.. Furthermore, all button icons, custom graphics, page headers and scripts are service marks and trademarks of Music Modes, Inc., and may not be copied, imitated or used, in whole or in part, without the prior written consent of Music Modes, Inc.. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
Disclaimer
THIS WEB SITE AND THE INFORMATION, SERVICES, PRODUCTS, DOCUMENTS, MATERIALS AND RELATED GRAPHICS CONTAINED ON THIS WEB SITE ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MUSIC MODES, INC.SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WHETHER OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, INFRINGEMENT OR OTHERWISE, AS TO THE OPERATION OF THE WEB SITE AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS ON THIS WEB SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MUSIC MODES, INC.OR ITS SUPPLIERS BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEB SITE OR ANY GOODS OR SERVICES OBTAINED ON THIS WEB SITE, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (EVEN IF MUSIC MODES, INC.HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
Any links on this Web site to Web sites operated by third parties are provided for your convenience only. Music Modes, Inc. does not manage these Web sites and is not responsible for them, including their availability or any viruses or other harmful components accessed through them. We are not responsible for the content and performance of these Web sites or for your transactions with them and our inclusion of links to such Web sites does not imply any endorsement of the material on such Web sites.
Music Modes, Inc. makes no representations about the appropriateness of the information contained in the documents and related graphics published on this Site for any purpose. Please be aware that the information, software, products and services published on this Site may include technical inaccuracies, typographical errors or untimely information. Music Modes, Inc. does not warrant that the materials will be uninterrupted, error-free or timely, that defects will be corrected or that this Site, or the server that makes it accessible, are free of viruses or other harmful components.
LIMITATION OF LIABILITY
MUSIC MODES, INC.DOES NOT ASSUME ANY ACCOUNTABILITY OR LEGAL LIABILITY FOR THE ACCURACY, COMPLETENESS, OR VALUE OF ANY APPARATUS, INFORMATION, PRODUCT, SOFTWARE OR PROCESS USED OR DISCLOSED ON THE SITE OR ANY OTHER MATERIAL ACCESSIBLE FROM THE SITE. IN NO EVENT SHALL MUSIC MODES, INC.BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE IT (OR ANY LINKED SITES), OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, THE INTERNET GENERALLY OR ON ANY OTHER BASIS (WHETHER BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHERWISE), EVEN IF MUSIC MODES, INC.HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF DAMAGES.
Other Parties
Music Modes, Inc. takes no responsibility whatsoever for the activities of user or Music Modes, Inc. Members or those Members’ respective hiring, recruiting or other practices (or any of the information posted or downloaded by them on the Site). Nothing on the Site shall be deemed to be an endorsement, representation or warranty with respect to any applicant, Member or other third party, whether in connection to its products, services, Web site, or otherwise.
Your Use; Limited License
The Music Modes, Inc. Site and all its contents are for your personal entertainment, information, education, and communication. Except as otherwise expressly provided, you may not alter, apportion, display, duplicate, perform, reproduce, transmit, use, publish, license, create derivative works from, transfer or sell any information or content contained in the Site, the Music Modes, Inc. Web site as a whole software, products or services obtained from or available as part of or in association with this Site. You are granted a non-exclusive, non-assignable and non-transferable license to use the Site only under these Terms and Conditions of use.
This license is not a sale of any of the owner's rights. The Music Modes, Inc. Site may be utilized only by you, and you may not lease, lend, rent, sub-license or transfer the Site or any data residing on it or any of your rights under this agreement to any other person. You may not develop or derive for commercial sale any data in machine-readable or other manner that incorporates or uses any substantial part of the Site. You may not transfer to or store any data residing or exchanged over the Music Modes, Inc. Site in any electronic network for use by more than one user unless you acquire prior written permission from Music Modes, Inc..
CERTAIN LEGAL REQUIREMENTS
Music Modes, Inc.’ performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained in them will diminish Music Modes, Inc’. Right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Music Modes, Inc. with respect to such use.
JURISDICTION
This Site is controlled and operated by Music Modes, Inc. from its offices within the State of New Jersey, United States of America. This agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any standards of conflicts of law.
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