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Granary Music Website Agreement
The Granary Music Website (the "Service") is an online information
and communications service provided by Granary Music. ("Granary
Music"), subject to your compliance with the terms and conditions
set forth below including, all exhibits hereto.
"Granary Music" and the "Granary Music Block" design are proprietary
marks of Granary Music in the United States and other countries.
Other marks which appear on this website may be marks of third
parties that are not affiliated with Granary Music. Granary Music
and its affiliates do not control or endorse the content of third
party websites.
Please read this Terms and Conditions document carefully before
accessing or using the service. By accessing or using the service,
you agree to be bound by the terms and conditions set forth below.
If you do not wish to be bound by these terms and conditions,
you may not access or use the service. Granary Music may modify
this agreement at any time, and such modifications shall be effective
immediately upon posting of the modified agreement. You agree
to review the agreement periodically to be aware of such modifications
and your continued access or use of the service shall be deemed
your conclusive acceptance of the modified agreement.
- Operating Policies. You agree to comply with the Operating Policies set forth in
Exhibit A which are the rules that govern your activity in connection with
the Service as they may be amended by Granary Music from time
to time. Granary Music has the right but not the obligation to
remove any communications and materials that Granary Music believes
in its sole discretion violate the Operating Policies.
- Copyright, Licenses and Idea Submissions. The entire contents of the Service are copyrighted under the
United States copyright laws. The owner of the copyright is Granary
Music. You may print and download portions of material from the
different areas of the Service solely for your own non-commercial
use. You may make: (a) one machine readable copy, (b) one backup
copy, and (c) one print copy of any portions of material downloaded
from the different areas of the Service solely for your non-commercial
use. Any other copying, redistribution, retransmission or publication
of any downloaded material, is strictly prohibited without the
express written consent of Granary Music or any third party information
provider to the Service. You agree not to change or delete any
proprietary notices from materials downloaded from the Service.
You agree to grant to Granary Music a non-exclusive, royalty-free,
worldwide, perpetual license, with the right to sublicense, to
reproduce, distribute, transmit, create derivative works of, publicly
display and publicly perform any materials and other information
(including, without limitation, ideas contained therein for new
or improved products and services) you submit to public areas
of the Service (such as bulletin boards, forums and newsgroups)
by all means and in any media now known or hereafter developed.
You also grant to Granary Music the right to use your name in
connection with the submitted materials and other information
as well as in connection with all advertising, marketing and promotional
material related thereto. You agree that you shall have no recourse
against Granary Music for any alleged or actual infringement or
misappropriation of any proprietary right in your communications
to us.
- Use of the Service. You understand that, except for information, products or services
clearly identified as being supplied by Granary Music, Granary
Music does not operate, control or endorse any information, products
or services on the Internet in any way. Except for Granary Music-identified
information, products or services, all information, products and
services offered through the Service or on the Internet generally
are offered by third parties that are not affiliated with Granary
Music. You also understand that Granary Music cannot and does
not guarantee or warrant that files available for downloading
through the Service 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 Service for the reconstruction of any lost data. You assume total responsibility and risk for your use of the service
and the Internet. Granary Music 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 Granary Music 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. Granary Music does not warrant that the service will
be uninterrupted or error-free or that defects in the service
will be corrected. The service and the software are provided on
an "as is, as available" basis.
You understand further that the Internet contains unedited materials
some of which are sexually explicit or may be offensive to you.
You access such materials at your risk. Granary Music has no control
over and accepts no responsibility whatsoever for such materials.
In no event will Granary Music 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, even if
Granary Music 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, Granary Music's liability
is limited to the greatest extent permitted by law.
- Indemnification. You agree to indemnify, defend and hold harmless Granary Music,
its 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 or any activity
related to your account (including negligent or wrongful conduct)
by you or any other person accessing the Service using your Service
account.
- Third Party Rights. The provisions of paragraphs 3 (Use of the Service), and 4 (Indemnification)
are for the benefit of Granary Music and its 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 you
on its own behalf.
- Term; Termination. This Agreement may be terminated by either party without notice
at any time for any reason. The provisions of paragraphs 2 (Copyright,
Licenses and Idea Submissions), 3 (Use of the Service), 4 (Indemnification),
5 (Third Party Rights) and 7 (Miscellaneous) shall survive any
termination of this Agreement.
- Miscellaneous. This Agreement shall all be governed and construed in accordance
with the laws of the State of New York applicable to agreements
made and to be performed in New York. You agree that any legal
action or proceeding between Granary Music 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 New York. 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. Granary Music'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.
Granary Music may assign its rights and duties under this Agreement
to any party at any time without notice to you.
Exhibit A
OPERATING POLICIES
Your participation in on-line communications occurs in real time
and is not edited, censored, or otherwise controlled by Granary
Music. Granary Music cannot and does not screen content provided
by users of the Service. Notwithstanding the foregoing, Granary
Music reserves the right to monitor content on the Service and
to remove content which Granary Music, in its sole discretion,
determines to be harmful, offensive, or otherwise in violation
of these Operating Policies. In order to maintain an informative
and valuable service that meets the needs of the users of the
Service and avoids the harm that can result from disseminating
statements that are false, malicious, violate of the rights of
others, or otherwise harmful, it is necessary to establish the
following rules to protect against abuse:
(i) |
You may not post or transmit any message anonymously or under
a false name. |
(ii) |
You may not post or transmit any message which is libelous, defamatory
or which discloses private or personal matters concerning any
person. You may not post or transmit any message, data, image
or program which is indecent, obscene or pornographic. |
(iii) |
You may not post or transmit any message, data, image or program
that would violate the property rights of others, including unauthorized
copyrighted text, images or programs, trade secrets or other confidential
proprietary information, and trademarks or service marks used
in an infringing fashion. |
(iv) |
You may not interfere with other users use of the Service. |
(v) |
You may not post or transmit any file which contains viruses,
worms, "Trojan horses" or any other contaminating or destructive
features. |
(vi) |
You may not post or transmit any message which is harmful, threatening,
abusive or hateful. It is not the Service's intent to discourage
you from taking controversial positions or expressing vigorously
what may be unpopular views; however, Granary Music reserves the
right to take such action as it deems appropriate in cases where
the Service is used to disseminate statements which are deeply
and widely offensive and/or harmful. |
(vii) |
You may not post or transmit charity requests, petitions for signatures,
chain letters or letters relating to pyramid schemes. You may
not post or transmit any advertising, promotional materials or
any other solicitation of other users of the Service for goods
or services except in those areas (e.g., a classified bulletin
board) that are designated for such purpose. |
(viii) |
You may not post or list articles which are off-topic according
to the description of the group or list or send unsolicited mass
emailings to more than twenty-five (25) email users, if such unsolicited
emailings provoke complaints from the recipients. |
(ix) |
You may not use the facilities and capabilities of the Service
to conduct any activity or solicit the performance of any illegal
activity or other activity which infringes the rights of others.
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Privacy Policy
While we sometimes may use the list to promote other artistic/commercial
endeavors we find interesting, you can rest assured that we will
NEVER sell your information to anybody, especially rotten people
who would misuse it.
For security purposes, our Web server automatically recognizes
information regarding the domain of visitors to our Web site.
We collect information volunteered by the consumer, such as survey
information and/or site registrations.
The information we collect is used to improve the content of our
Web page, used to notify consumers about updates to our Web site,
used by us to contact consumers for marketing purposes and not
shared with other organizations for commercial purposes.
If you would like to remove yourself from the e-mail list, visit the "remove" link at
the bottom of:
http://archive/last-dog-and-pony-show/mail/. From time to time, we may
make our customer e-mail list available to othe
reputable organizations
whose products or services we think you
might find interesting.
If you supply us with your postal address on-line you may receive
periodic mailings from us with information on new products and
services or upcoming events. If you do not wish to
receive such mailings, please let us know by sending email to
us at the above address. Please provide us with your exact name
and address. We will be sure your name is removed from the list
we might share with other organizations.
Persons who supply us with their telephone numbers on-line may
receive telephone contact from us with information regarding new
products and services or upcoming events. If you
do not wish to receive such telephone calls, please let us know
by sending email to us at the above address. Please provide us
with your correct phone number.
Children under 18 years of age:
Granary Music has no intention of collecting any personally identifiable information
(e.g., name, address, telephone number, or email address) from individuals
under eighteen (18) years of age. Unless otherwise disclosed during
collection, Granary Music will not provide any personally identifying information it
knowingly receives from individuals under 18 to any third party for any
purposes whatsoever. Where appropriate, Granary Music will specifically instruct
individuals under 18 not to submit such information on our Web site without the consent of a parent or guardian.
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