Terms
of Service for use of this web site
and For Use of IMCG Products
or Services
IMCG
Indiemusicconsultant.com
©2009
All Rights Reserved
1.
ACCEPTANCE OF TERMS
Welcome
to the Indiemusicconsultant.com website. INDIEMUSICCONSULTANT.COM
provides its service to you, subject to the following Terms of
Service (“TOS”), which may be updated by us from time to time
without notice to you. You can review the most current version of
the TOS at any time at
http://www.indiemusicconsultant.com/terms.html. In addition, when using
particular INDIEMUSICCONSULTANT.COM services, you and
INDIEMUSICCONSULTANT.COM shall be subject to any guidelines or rules
applicable to such services which may be posted from time to time.
All such guidelines or rules are hereby incorporated by reference
into the TOS.
INDIEMUSICCONSULTANT.COM also may offer various services from
time to time which may be governed by different terms of service.
2. DESCRIPTION OF
SERVICE
INDIEMUSICCONSULTANT.COM
currently provides users with a website which provides access to a
venue of a broad variety of items which are being offered for sale
by third-parties, as well as advertising and links to related
services and service providers (the “Service”). The Service provided by
INDIEMUSICCONSULTANT.COM may be modified from time to time without
notice. It is important
to note that since INDIEMUSICCONSULTANT.COM solely provides the
venue, it is not involved in the actual transaction between buyers
and sellers. As a result, INDIEMUSICCONSULTANT.COM has no control
over the quality, safety or legality of the items advertised, the
truth or accuracy of the listings, the ability of sellers to sell
items or the ability of buyers to buy items. We cannot ensure that a
buyer or seller will actually complete a transaction. You also understand and
agree that the Service may include advertisements and that these
advertisements are necessary for INDIEMUSICCONSULTANT.COM to provide
the Service. Unless explicitly stated otherwise, any new features
that augment, modify or enhance the current Service, shall be
subject to the TOS. You understand and agree that the Service is
provided “AS‑IS” and that INDIEMUSICCONSULTANT.COM assumes no
responsibility for the timeliness, deletion, mis‑delivery or failure
to store any user communications or personalization
settings.
You
are responsible for obtaining access to the Service and that access
may involve third party fees (such as Internet service provider or
airtime charges). You are responsible for those fees, including
those fees associated with the display or delivery of
advertisements. In addition, you must provide and are responsible
for all equipment necessary to access the
Service.
3. PRIVACY POLICY
Registration
Data and certain other information about you is subject to our
Privacy Policy. For more information, see our full privacy policy at
http://www.indiemusicconsultant.com/privacy.html
4. CONDUCT
You
understand that all information, data, text, sound, photographs,
graphics, video, messages or other materials (“Content”), whether
publicly posted or privately transmitted, are the sole
responsibility of the person from which such Content originated.
This means that you, and not INDIEMUSICCONSULTANT.COM, are entirely
responsible for all Content that you upload, post, download, email,
transmit or otherwise make available or receive via the Service.
INDIEMUSICCONSULTANT.COM does not control the Content posted via the
Service and, as such, does not guarantee the accuracy, integrity or
quality of such Content. Under no circumstances will
INDIEMUSICCONSULTANT.COM be liable in any way for any Content,
including, but not limited to, for any errors or omissions in any
Content, or for any loss or damage of any kind incurred as a result
of the use of any Content posted, emailed, transmitted or otherwise
made available via the Service.
INDIEMUSICCONSULTANT.COM
does not control the information provided by sellers which is made
available through our system. INDIEMUSICCONSULTANT.COM does not
claim ownership of Content submitted or made available on the
Service. You acknowledge that INDIEMUSICCONSULTANT.COM does not
pre‑screen or verify Content.
You may find seller’s information to be inaccurate,
offensive, harmful or deceptive. Please use caution and common sense
when using our site. Please note that there are also risks of
dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international
trade and foreign nationals.
Earnings and Career
Advancement Disclaimer:
As
with any career or business, your results may vary, and will be
based on your individual capacity, business experience, expertise,
and level of desire. There are no guarantees concerning the level of
success you may experience. Each individual’s success depends
on his or her background, dedication, desire and
motivation.
There
is no assurance that the purchase of any of our products,
coaching services, or material reviews and critiques, or any
service provided by INDIEMUSICCONSULTANT.COM and its affiliates and
associates will advance your career or earnings. We
cannot guarantee your future results and/or success. There are some
unknown risks in career endeavors and business and on the
internet that we cannot foresee which can reduce results. We are not
responsible for your actions.
The
use of our information, products and services should be based on
your own due diligence and you agree that our company is not liable
for any success or failure of your career or business that is
directly or indirectly related to the purchase and use of our
information, products and services.
5.
INTERNATIONAL USE
Recognizing
the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding
the transmission of technical data exported from the
United
States or the country in which you
reside.
6.
INDEMNITY
You
agree to indemnify and hold INDIEMUSICCONSULTANT.COM, and its
directors, officers, employees, subsidiaries, and agents harmless from any
claim or demand, including reasonable attorneys’ fees, made by any
third party due to or arising out of Content you submit, post,
transmit or make available through the Service, your use of the
Service, your connection to the Service, your violation of the TOS,
or your violation of any rights of
another.
7.
RELEASE
Because
we are not involved in the actual transaction between you and third
party partners, in the event that you have a dispute with one or
more users, you release INDIEMUSICCONSULTANT.COM (and our officers,
directors, agents, subsidiaries and employees) from claims, demands
and damages (actual and consequential) of every kind and nature,
known and unknown, suspected
and unsuspected, disclosed and undisclosed, arising out of or in any
way connected with such disputes.
8. DEALINGS WITH
ADVERTISERS
Your
correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service,
including payment and delivery of related goods or services, and any
other terms, conditions, warranties or representations associated
with such dealings, are solely between you and such advertiser. You
agree that INDIEMUSICCONSULTANT.COM shall not be responsible or
liable for any loss or damage of any sort incurred as the result of
any such dealings or as the result of the presence of such
advertisers on the Service.
9. LINKS
The
Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because INDIEMUSICCONSULTANT.COM
has no control over such sites and resources, you acknowledge and
agree that INDIEMUSICCONSULTANT.COM is not responsible for the
availability of such external sites or resources, and does not
endorse and is not responsible or liable for any Content,
advertising, products, or other materials on or available from such
sites or resources. You further acknowledge and agree that
INDIEMUSICCONSULTANT.COM shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to
be caused by or in connection with use of or reliance on any such
Content, goods or services available on or through any such site or
resource.
10. DISCLAIMER OF
WARRANTIES
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT:
(a)
YOUR USE OF THE SERVICES PROVIDED BY INDIEMUSICCONSULTANT.COM
IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS. INDIEMUSICCONSULTANT.COM EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND
NON‑INFRINGEMENT.
(b)
INDIEMUSICCONSULTANT.COM MAKES NO WARRANTY THAT (i) THE
SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR‑FREE, (iii) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE
WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL
BE CORRECTED.
(c)
ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF
ANY SUCH MATERIAL.
(d)
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM INDIEMUSICCONSULTANT.COM OR THROUGH OR FROM THE SERVICES
PROVIDED BY INDIEMUSICCONSULTANT.COM SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
(e)
Although every effort has been made to correctly and authoritatively
present the material offered at this Web Site it is presented with
the understanding that the author and publisher are not engaged in
rendering legal, accounting, or other professional advice. The
material offered at this Web Site is intended to convey information
only and should not be construed as advice. If expert assistance is
needed, a competent professional person should be consulted. Also,
the information is offered "as is" and the author and publisher make
no claim, and do not guarantee results of any kind, expressed or
implied. It is also possible those mistakes have been made, or that
the material may be misinterpreted by the reader. Therefore, the
author and publisher accept no responsibility for any use, misuse,
or misunderstanding of the information offered at this Web
Site.
11.
LIMITATION OF LIABILITY
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT INDIEMUSICCONSULTANT.COM SHALL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF INDIEMUSICCONSULTANT.COM HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE SERVICES OR INFORMATION ON THE
INDIEMUSICCONSULTANT.COM WEBSITE; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES ON THE
INDIEMUSICCONSULTANT.COM WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING
TO THE SERVICES OR INFORMATION PROVIDED ON THE
WEBSITE.
12.
EXCLUSIONS AND LIMITATIONS
SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS 10 AND 11 MAY NOT APPLY TO YOU.
13.
GENERAL INFORMATION
The
TOS constitute the entire agreement between you and
INDIEMUSICCONSULTANT.COM and govern your use of the Service and
Website, superseding any prior agreements between you and
INDIEMUSICCONSULTANT.COM. You also may be subject to additional
terms and conditions that may apply when you use affiliate services,
third‑party content or third‑party software. The TOS and the
relationship between you and INDIEMUSICCONSULTANT.COM shall be
governed by the laws of the Commonwealth of Pennsylvania without regard to
its conflict of law provisions. You and INDIEMUSICCONSULTANT.COM
agree to submit to the personal and exclusive jurisdiction of the
courts located within the county of Montgomery, Pennsylvania.
The failure of INDIEMUSICCONSULTANT.COM to exert-
Indiemusicconsultant.com or enforce any right or provision of the
TOS shall not constitute a waiver of such right or provision. If any
provision of the TOS is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties’ intentions as reflected in
the provision, and the other provisions of the TOS remain in full
force and effect. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related
to use of the Service, Website or the TOS must be filed within one
(1) year after such claim or cause of action arose or be forever
barred.