BACKSwordFire Hosting, LLC Web Site Agreement
1. Copyright,
Licenses and Idea Submissions.
TRADEMARKS.
Publications, products,
content or services referenced herein or on the Site are the exclusive
trademarks or servicemarks of www.abqmusicscene.com. Other product
and company names mentioned in the Site may be the trademarks of
their respective owners.
2. Use of the Site. You understand that,
except for information, products or services clearly identified
as being supplied by www.abqmusicscene.com, www.abqmusicscene.comdoes
not operate, control or endorse any information, products or services
on the Internet in any way. Except for www.abqmusicscene.com- identified
information, products or services, all information, products and
services offered through the Site or on the Internet generally are
offered by third parties, that are not affiliated with www.abqmusicscene.com
a. You also understand that www.abqmusicscene.com cannot and does
not guarantee or warrant that files available for downloading through
the Site will be free of infection or viruses, worms, Trojan horses
or other code that manifest contaminating or destructive properties.
You are responsible for implementing sufficient procedures and checkpoints
to satisfy your particular requirements for accuracy of data input
and output, and for maintaining a means external to the Site for
the reconstruction of any lost data. YOU ASSUME TOTAL RESPONSIBILITY
AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. www.abqmusicscene.com
PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE
ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY
MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE
OR ON THE INTERNET GENERALLY, AND www.abqmusicscene.com SHALL NOT
BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY
FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE
THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE,
SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE
SERVICE OR ON THE INTERNET GENERALLY. www.abqmusicscene.com DOES
NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE
OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER
THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS
SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU.
YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. www.abqmusicscene.com
HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR
SUCH MATERIALS.
LIMITATION
OF LIABILITY IN NO EVENT
WILL www.abqmusicscene.com BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION,
AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE,
OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION
OR SERVICE. EVEN IF www.abqmusicscene.com OR ITS AUTHORIZED REPRESENTATIVES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY
CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN
THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE
SERVICE. 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. IN SUCH STATES, www.abqmusicscene.com
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
www.abqmusicscene.com makes no representations whatsoever about
any other web site which you may access through this one or which
may link to this Site. When you access a non-www.abqmusicscene.com
web site, please understand that it is independent from www.abqmusicscene.com,
and that www.abqmusicscene.com has no control over the content on
that web site. In addition, a link to a www.abqmusicscene.com web
site does not mean that www.abqmusicscene.com endorses or accepts
any responsibility for the content, or the use, of such web site.
3.
Indemnification. You agree to indemnify,
defend and hold harmless www.abqmusicscene.com, its officers, directors,
employees, agents, licensors, suppliers and any third party information
providers to the Service from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees, resulting
from any violation of this Agreement (including negligent or wrongful
conduct) by you or any other person accessing the Service. 4.
Third Party Rights. The provisions of paragraphs
2 (Use of the Service), and 3 (Indemnification) are for the benefit
of www.abqmusicscene.com and its officers, directors, employees,
agents, licensors, suppliers, and any third party information providers
to the Service. Each of these individuals or entities shall have
the right to assert and enforce those provisions directly against
you on its own behalf. 5.Term;
Termination.
This Agreement may be
terminated by either party without notice at any time for any reason.
The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions),
2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights)
and 6 (Miscellaneous) shall survive any termination of this Agreement.
6.Miscellaneous.
This Agreement shall
all be governed and construed in accordance with the laws of USA
applicable to agreements made and to be performed in USA. You agree
that any legal action or proceeding between www.abqmusicscene.com
and you for any purpose concerning this Agreement or the parties'
obligations hereunder shall be brought exclusively in a federal
or state court of competent jurisdiction sitting in USA . Any cause
of action or claim you may have with respect to the Service must
be commenced within one (1) year after the claim or cause of action
arises or such claim or cause of action is barred. www.abqmusicscene.com's
failure to insist upon or enforce strict performance of any provision
of this Agreement shall not be construed as a waiver of any provision
or right. Neither the course of conduct between the parties nor
trade practice shall act to modify any provision of this Agreement.
www.abqmusicscene.com may assign its rights and duties under this
Agreement to any party at any time without notice to you. Any rights not expressly
granted herein are reserved. |
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