| Please review these terms and conditions of use carefully
before using this Web site.
THIS DOCUMENT STATES THE TERMS AND CONDITIONS UPON WHICH THE OWNER OF THIS SITE
PROVIDES INFORMATION AND SERVICES TO USERS OF THIS WEB SITE. PLEASE NOTE THAT ALL
USERS OF THIS SITE SHALL BE SUBJECT TO ANY ADDITIONAL TERMS AND CONDITIONS APPLICABLE
TO SUCH USE WHICH MAY BE POSTED FROM TIME TO TIME. THESE TERMS AND CONDITIONS
CONSTITUTE A CONTRACTUAL AGREEMENT BETWEEN YOU AND THE OWNER OF THIS SITE.
If you have any questions regarding the terms of this agreement, please contact
Eric Chasalow at .
The Web site (the "Site") and the information and services
related thereto are proprietary materials owned, operated and maintained by Eric
Chasalow for use solely by individuals authorized by Eric Chasalow ("Users").
These terms of use govern your use of the Services (as later defined) and your
responsibilities as a User. By your use of the Services, you agree to be bound
by and comply with these terms of use. Eric Chasalow reserves the right to amend
these terms from time to time and at any time by posting such amendments on the
Site, and your continued use of the Services following posting of any such amendment
constitutes your acceptance of such amendment, regardless of whether you actually
have read any such amendment. As used herein, the term "User" refers to you, any
entity you represent, and your or its representatives, successors, assigns and
affiliates.
A. Grant of Rights and Authorization of Use
- Eric Chasalow operates a Web-based site offering audio and video recordings,
text, photographs and other graphics for viewing and listening to by the User
(the "Services").
- Eric Chasalow hereby grants User a non-exclusive, non-transferable, limited
right to access, display on User's computer, and use the Services consistent with
these Terms of Use. This grant shall be terminable by Eric Chasalow at will, for
any reason, and at Eric Chasalow's sole discretion.
B. Proprietary Materials
The Services contain copyrighted material, trademarks and other proprietary
information (collectively, "Proprietary Material"), including but not limited
to musical and video recordings, photographs, text, and graphical images. You
agree not to copy, modify, publish, transmit, distribute, participate in the
transfer or sale of, create derivative works of, or in any way exploit, in whole
or in part, any Proprietary Material.
Except as otherwise explicitly stated, all right, title and interest in and to the
Proprietary Material and all copies thereof shall at all times remain the property
of Eric Chasalow. User shall not and shall not permit others to: (i) reproduce or
copy any Proprietary Material except as permitted by applicable law; (ii) remove
any copyright or proprietary notice contained or included in the Proprietary
Material; or (iii) transfer the Proprietary Material or any part thereof without
the prior written consent of Eric Chasalow. User shall not incorporate any
Proprietary Material in any product designed, developed, marketed, sold or licensed
by User. User shall not alter, modify or create any derivative work based upon the
Proprietary Material without the prior written authorization of Eric Chasalow.
User's obligations hereunder shall not depend on the presence or absence of any
copyright and/or proprietary legends on any Proprietary Material.
Except as otherwise expressly permitted under copyright law, no posting, copying,
downloading, uploading, transmission, retransmission, distribution, redistribution,
publication, republication, or other modification or commercial exploitation of any
Proprietary Material made available through the Services will be permitted without
the express written permission of the copyright owner. In the event of copying,
redistribution or publication of copyrighted material as permitted by law, no
changes in or deletion of author attribution, trademark, legend, or copyright
notice will be made. The obligation to determine that material is not subject
to intellectual property right(s) rests with User.
C. Copyright Complaints
Eric Chasalow respects the intellectual property rights of others, and this Site
requires that Users do the same. Eric Chasalow may, at his sole discretion,
terminate the access of Users who infringe the copyright or other intellectual
property rights of others.
If you believe that your work has been copied and is accessible on our Site in a
way that constitutes copyright infringement, or that Eric Chasalow's Site contains
links or other references to another online location that contains material or
activity that infringes your copyright rights, please notify us at:
.
D. User Obligations
- As a condition of your use of the Services, you agree not to use the
Services for any purpose that is unlawful and/or prohibited by these terms,
conditions, and notices. You agree to abide by all applicable local, state,
national and international laws and regulations. You agree that you are solely
responsible for all acts or omissions that occur as a result of your use of the Site.
E. Linked Sites
Eric Chasalow is not affiliated with third-party Web sites that may be linked to
or from the Site. Eric Chasalow has no control over, and is not responsible for,
the content on any linked site. Any linked sites are provided for User's
convenience only.
F. Privacy
In the event that you provide your electronic-mail address in connection with
using the Services, that address will not be provided to any third party without
your advance consent.
G. User's Acknowledgement and Agreements
User acknowledges and agrees that:
- User is solely responsible for providing all hardware, telecommunications
equipment, software and bandwidth that User requires to use the Services.
- Each use by User of Services reaffirms User's acceptance of, and User's agreement to be
bound and to abide by, these terms and conditions. If User does not wish to be bound by
these Terms and Conditions, User may not continue to use Services provided by Eric Chasalow.
- Any communications, opinions, views, publications, product announcements, advertisements,
promotions or other data appearing on this Web site are for informational purposes only
and the owner does not guarantee the accuracy or timeliness of any such data for any purpose.
H. Indemnification and Release.
USER HEREBY AGREES TO INDEMNIFY ERIC CHASALOW AND HOLD HIM HARMLESS FROM ANY AND
ALL THIRD-PARTY CLAIMS AND EXPENSES, INCLUDING ATTORNEY'S FEES, ARISING FROM USER'S
USE OF THIS WEB SITE AND THE SERVICES.
I. Disclaimer of Warranties
THE SERVICES AND SITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND
INFORMATION ACCESSED BY ANY MEANS THEREOF) IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, ERIC CHASALOW DISCLAIMS
ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR
WARRANTIES OF NON-INFRINGEMENT.
J. Termination
Eric Chasalow may terminate User's right to access the Services at any time, with or
without cause, in Eric Chasalow's absolute discretion and without notice.
K. General
- These terms and conditions, as amended from time to time, constitute the
entire agreement between User and Eric Chasalow with respect to the Services
and supersede all prior agreements between User and Eric Chasalow, if any.
- Failure by Eric Chasalow to enforce any provision(s) of these terms of use
will not be construed as a waiver of any provision or right.
- These terms and conditions, and all other aspects of User's use of Services, will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws rules. User submits to jurisdiction in Massachusetts.
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