Terms and Condition of Use

 

 

1) ACCEPTANCE OF TERMS THROUGH USE

If you (the User) have not already done so, please take the time to familiarize yourself with these provisions. The User’s access to and continued use of bluessmyth Music’s (the Owner) Web site at www.bluessmyth.com (the Site) constitutes your acceptance of and compliance with the following provisions. If you do not agree to these terms and conditions, you should immediately discontinue any use of the Site. Also note that these Terms and Conditions of Use may change from time to time and it is your responsibility to check for such updates. Your continued use of the Site following the posting of any changes to the Terms and Conditions of Use constitutes acceptance of those changes. The last revision date is set forth below.

 

Last revised: [August 01, 2004]

 

2) PAYMENTS, PRODUCTS, AND PRICES

 

The User understands that he or she will have to provide credit card or other payment information (the Information) to the Owner in order to be able to purchase or license products and services provided on the Site. The Member represents that the Information provided shall be accurate and complete. The Owner of the products and services available on the Site will use the Information to charge the Member for any purchased or licensed products or services on this Site.

 

The charges for purchases of products and/or services relating to the Site are billed to your credit card. You warrant that all information that you submit is true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all fees you incur. The Site may be temporarily unavailable from time to time due to required maintenance, telecommunications interruptions, or other disruptions. Although the Owner makes every reasonable effort to minimize such downtime, the Owner does not guarantee 100% availability of the Site or its associated services.

 

The Owner reserves the right, in its sole discretion, to make any necessary updates, codifications and adjustments at any time without prior notice to product descriptions, warranties, and prices, dues to errors, product discontinuation, changing costs, new market conditions of any other business factor.

 

All prices are subject to applicable provincial and federal sales tax, handling charges, and shipping charges.

 

All orders for shipment outside of Canada may be subject to additional taxes, shipping charges, customs and duties, all of which shall be paid and provided for solely by the User.

 

3) RULES OF USER CONDUCT

 

As a condition of use of the Site, the User warrants to the Owner that the User will not use the Site for any purpose that is unlawful or prohibited by the Terms and Conditions of Use.

 

By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through the Site, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:

  1. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), uses vulgar language in the creation of a User Name or otherwise violates these Rules of User Conduct;
  2. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  3. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
  4. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  5. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
  6. impersonates any person or entity, including any employee or representative of the Owner

 

You also agree that you will not harvest or collect information about the users or members of this site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications.

You further agree that you will not knowingly solicit or collect personal information from a minor (anyone under 18 yrs old). Personal information includes but is not limited to name, address, phone number or name of their school.

bluessmyth Music (the Owner) of this Site generally does not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this site. However, the Owner and its agents have the right at their sole discretion to remove any content that, in the Owner’s judgment, does not comply with the Rules of User Conduct or is otherwise harmful, objectionable, or inaccurate. The Owner is not responsible for any failure or delay in removing such content.

 

4) NO SOLICITATION

 

No part of the Site should be taken to constitute an offer or solicitation to buy or sell products or services. Some products or services mentioned on the Site may only be available in certain areas or jurisdictions. Any products or services mentioned in the Site are made available in accordance with local law and only where they may be lawfully offered for sale.

 

5) NO ENDORSEMENT

The Site may contain links to other sites. These links are provided as references to help you identify and locate other Internet resources that may be of interest. These sites may contain information or material that some people may find offensive. These other sites were independently developed by parties other than the Owner, and the Owner does not assume responsibility for the accuracy or appropriateness of the information contained at such sites. These other sites are not under the control of the Owner, and you acknowledge that the Owner is not responsible for the copyright compliance, legality, decency, or any other aspect of the content of such sites.

 

The inclusion of such a link does not imply endorsement of the site by the Owner or any association with its operators. The mention of another party or its product or services on the Site should not be construed as an endorsement of that party or its product or service. In providing links to other sites, the Owner is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to control the content of, or maintain any type of editorial control over, such sites.

6) PROPRIETARY RIGHTS

The User acknowledges and agrees that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by the Owner, the User agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, the User may print or download one copy of the materials or content on this site on any single computer for personal, non-commercial use, provided the User keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from the Owner is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms and Conditions of Use is prohibited. The Owner will take appropriate legal action to enforce its rights.

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of the Owner.

 

7) PRIVACY POLICY

 

Use of the Website is also governed by our Privacy Policy. A copy of our Privacy Policy, which you should review, can be found here.


8) SUBMISSIONS

All information submitted to the Owner via the Site shall be deemed and remain the property of the Owner and the Owner shall be free to use, for any purpose, any ideas, concepts, know-how or other techniques contained in information provided to the Owner through the Site or sent through e-mail or snailmail. Owner shall not be subject to any obligations of confidentially regarding any such information submitted to it unless specifically agreed by the Owner or required by law.

 

You agree that any information submitted for inclusion at the Site does not infringe on the intellectual property or other rights of any third parities and you grant the Owner a right to provide access to the information from the Site. You warrant that any software, files, data, or any other information in digital form submitted to the Owner shall be free of computer viruses.

 

By posting or submitting content to this site, you:

 

a) grant the Owner and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and

 

b) warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by the Owner will not infringe or violate the rights of any third party.

9) DISCLAIMER OF WARRANTIES

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

 

THE OWNER AND ITS AFFILIATES AND LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

10) LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL THE OWNER AND ITS AFFILIATES AND LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE OWNER LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

11) INDEMNIFICATION

Upon a request by the Owner, you agree to defend, indemnify, and hold harmless the Owner and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site. The Owner reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the Owner in asserting any available defenses.

12) INTERNATIONAL USE

The Owner makes no representation that materials on this site are appropriate or available for use in locations outside Canada, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.

13) CHOICE OF LAW AND FORUM

These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions of Use or your use of the Site shall be filed only in the provincial or federal courts located in the Province of Alberta, Canada, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.


14) SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, this agreement constitutes the entire agreement between the User and the Owner with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between the User and the Owner with respect to the Site. If any part of these Terms and Conditions of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

15) TERMINATION

This Agreement will remain in full force and effect while the User uses the Site. The Owner reserves the right, in its sole discretion, to terminate the User’s access to all or part of this site, with or without notice. Even after use of the Site is terminated by either party certain provisions of the Terms and Conditions of Use will remain in effect, including sections 6 -7 and 9 -11 of this Agreement.