Carolina Music Ways TERMS
OF USE
Carolina Music Ways has worked
diligently to provide accurate information and credit on this
website. In the event, however, that CMW has inadvertently
given inaccurate information or has failed to give proper
credit for photos or other information, we apologize and request
to be contacted so we can make any necessary corrections.
Thank you for visiting CarolinaMusicways.org.
Please read these terms and conditions of use carefully before
using CarolinaMusicways.org (the "Site"). Your access
to and use of the Site is subject to the following terms and
conditions (including the Privacy
Policy of the Site) and all applicable laws. By
accessing and using this Site, you signify your assent to
these Terms of Use. If you do not agree to these Terms of
Use, please do not use the Site. These Terms of Use may be
amended or modified, or new conditions may be imposed, at
any time. Any such changes or additions will be reflected
by an update of this posting. Please check these Terms of
Use periodically for changes. Your continued use of the Site
following the posting of changes to these terms (including
the Privacy Policy) will mean you accept those changes.
1. OWNERSHIP AND USE RESTRICTIONS
CarolinaMusicways.org is owned by Carolina Music Ways
who shall be referred to herein as the "Operator."
The content and materials contained within the Site (including,
but not limited to, video, audio, photos, text, images, logos
and other intellectual property related to this site) ("Musicways
Content") are either owned by or credited by Carolina
Music Ways. No Musicways Content from the Site may be reproduced,
republished, uploaded, posted, transmitted, reproduced, distributed,
copied, publicly displayed or otherwise used except as provided
in these Terms of Use without the written permission of Carolina
Music Ways. Reviewers may quote brief passages for
a review.
The Operator maintains this Site for your personal entertainment,
information, education, and communication. Please feel free
to browse the Site. You may download material displayed on
the Site to any single computer only for your personal, noncommercial
use, provided you also maintain all copyright and other proprietary
notices contained on the materials. You may not, however,
distribute, reproduce, republish, display, modify, transmit,
reuse, repost, or use any materials of the Site for public
or commercial purposes on any other Web site or otherwise
without the written permission of the Operator. Modification
of any materials displayed on the Site is a violation of the
Operators' copyright and other proprietary rights.
The Carolina Music Ways ("CMW") name and logo are
the property of Carolina Music Ways. All other trademarks,
logos and service marks (collectively, the "Trademarks")
appearing on the Site are Trademarks of their respective owners.
Nothing contained on the Site should be construed as granting,
by implication, estoppel, or otherwise, any license or right
to use any Trademark displayed on the Site without the written
permission of its respective owner. Your use of the Trademarks
displayed on the Site, or any other content on the Site, except
as provided in these Terms of Use, is strictly prohibited.
Images of people or places displayed on the Site are either
the property of, or used with permission by, the Operator.
The use of these images by you, or anyone else authorized
by you, is prohibited unless specifically permitted by these
Terms of Use or specific permission provided elsewhere on
the Site. Any unauthorized use of the images may violate copyright
laws, trademark laws, the laws of privacy and publicity, and
communications regulations and statutes. The Operator neither
warrants nor represents that your use of materials displayed
on the Site will not infringe rights of third parties.
2. LINKS
The following restrictions apply to all links to the Site
from any on-line, cable, wireless or other site, service or
browser:
A. Sites, services or browsers, both Commercial and Non-Commmercial,
may link to CarolinaMusicways.org without the express written
permission of Carolina Music Ways if the link is: (i) a "word"
(as opposed to a "logo") link (e.g., CarolinaMusicways.org,"
"The Site of Carolina Music Ways Music Heritage Resource
Group"); and (ii) spatially separated from, and not otherwise
associated with, any sponsorship advertising, or other commercial
text or graphics that may be on the page/area containing the
word link.
B. The Carolina Music Ways logo may not be used to link to
CarolinaMusicways.org without the written permission of Carolina
Music Ways.
C. No link to the Site may be "framed" by the Permissible
Site where the link originated if such "frame" contains
any sponsorship, advertising or other commercial text or graphics.
D . The posting or creation of any link to the Site signifies
that you have read these Linkage Restrictions and agree to
abide by their terms.
3. DISCLAIMER OF WARRANTIES AND DAMAGES; LIMITATION OF LIABILITY
While the Operator uses reasonable efforts to include accurate
and up to date information in the Site, the Operator makes
no warranties or representations as to its accuracy. The Operator
assumes no liability or responsibility for any errors or omissions
in the content of the Site.
The Operator and its respective owners, directors, officers
or funders (collectively, the "Operator Parties")
make no representation that the materials contained in the
Site are appropriate or authorized for use in all countries,
states, provinces, county or any other jurisdictions. If you
choose to access the Site, you do so on your own initiative
and risk and are responsible for compliance with all applicable
laws.
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS"
AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
THE OPERATOR PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. THE OPERATOR PARTIES
DO NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED
IN THE SITE IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE
OR TIMELY, OR THAT THE SITE WILL BE UNINTERRUPTED OR FREE
OF ERRORS AND/OR VIRUSES. YOU USE THE SITE AT YOUR SOLE RISK.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH
OF CONTRACT, TORT OR NEGLIGENCE, WILL THE OPERATOR PARTIES
BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE
OUT OF OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERRORS,
INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, INTERRUPTION,
DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF RECORD, OR UNAUTHENTICITY
OF ANY CONTENT IN THE SITE, OR THE USE OR INABILITY TO USE
THIS SITE OR ANY CONTENT THEREIN. IN NO EVENT SHALL THE OPERATOR
PARTIES' AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR
CLAIM RELATED TO OR ARISING OUT OF THIS SITE EXCEED THE TOTAL
AMOUNTS PAID BY YOU FOR ACCESSING THIS SITE, IF ANY.
The Site may contain links and pointers to other World Wide
Web sites, resources, and advertisers of the Site. Links to
and from the Site to other sites, maintained by third parties,
do not constitute an endorsement by the Operator or any affiliate
of any third party site or content. The Operator is not responsible
for the availability of these third party resources, or their
contents. The Operator has not reviewed any or all of the
sites linked to the Site and are not responsible for the content
of any off-Site pages or any other sites linked to the Site.
Your linking to the Site, off-Site pages or other sites is
at your own risk and without the permission of the Operator.
By clicking on any such link, you acknowledge that the Site
has no control over, and makes no representations of any kind
with respect to, such other sites or any content contained
within such other sites, and you hereby revoke any claim against
the Operator with respect to such other sites. You should
direct any concerns regarding any external link to its site
administrator or Webmaster.
4. NOTICE
You may give notice to the Operator (such notice shall be
deemed given when received at any time by any of the following
means): electronic mail to carolinamusicways@juno.com.
5. TERMINATION OF SERVICE
The Operator may change, suspend or discontinue any aspect
of the Site at any time, including the availability of any
Site feature, database, or content. The Operator may also
impose limits on certain features and services or restrict
your access to parts or the entire Site without notice or
liability at any time in the Operator's exclusive discretion,
without prejudice to any legal or equitable remedies available
to the Operator, for any reason or purpose, including, but
not limited to, conduct that the Operator believes violates
these Terms of Use or other policies or guidelines posted
on the Site or conduct which the Operator believes is harmful
to other customers, to the Operator's organization, or to
other information providers. Upon any termination of this
agreement, you will immediately discontinue your use and access
of the Site and destroy all materials obtained from it.
6. MISCELLANEOUS
These Terms of Use constitute the entire agreement between
the parties, and supersedes all prior and contemporaneous
written or oral agreements, proposals or communications with
respect to the subject matter herein between you and the Operator.
The Operator in its sole discretion may amend these Terms
of Use, and your use of the Site after such amendment is posted
on the Site will constitute acceptance of it by you. The section
headings in these Terms of Use are for convenience only and
must not be construed as legal advice to you. If any provision
of these Terms of Use is held by a court of competent jurisdiction
to be unlawful, void, invalid or unenforceable, the remaining
provisions shall remain in full force and effect.
LAST UPATED: May 30, 2003
© 2003 Carolina Music Ways All rights reserved.
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