You can use the Website in several ways: (a) you can simply view the Website; or (b) you may use the interactive features that Strategic Marketing Management makes available on the Website from time to time.
The Website is not intended for children under 18 years of age. Strategic Marketing Management does not knowingly collect personal information from children under 18.
Your Right to Use the Site and Its Contents
By using this Website in any way, you represent that: (a) your use of the Website does not violate any applicable law or regulation; (b) all information you submit is truthful and accurate; and (c) you will maintain the accuracy of such information. You further represent that you will comply with all local rules regarding online conduct and acceptable use of the Website.
While Strategic Marketing Management (SMM) cannot guarantee that unauthorized access will never occur, rest assured that SMM takes great care in maintaining the security of your personal information and in preventing unauthorized access to it through the use of appropriate technology and internal procedures.
I. SMM’s Proprietary Rights. You acknowledge and agree that this Website, including without limitation, the text, software, scripts, graphics, photos, sounds, photos, audio clips, music, data, sayings, interactive features and the like ("Materials") and the registered and unregistered trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to SMM, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Materials on the Website are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. SMM reserves all rights not expressly granted in and to the Website, Marks and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than expressly permitted by SMM, including any use, copying, or distribution of third parties’ materials obtained through the Website for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Website or the Materials therein.
II. Grant of License to SMM. You will retain ownership of the Contributions that you post, contribute and upload to the Website. By making a Contribution to the Website, you hereby grant to SMM a perpetual, non-exclusive, fully-paid, royalty-free, sublicensable worldwide license to use, modify, create derivative works of, publicly perform, publicly display, reproduce, rent, resell and distribute such Contribution through the Website, in all media now known or hereafter created and in any other manner in SMM’s sole discretion subject to the condition that SMM will provide you with worldwide attribution.
Responsibility for User’s Material
1. own or have sufficient rights to post your Contributions on or through the Website;
2. will not post Contributions that violates the privacy rights, publicity rights, copyrights, contract rights or any other rights of SMM or any other person;
3. have fully complied with any third-party licenses relating to Contributions, agree to pay for all royalties, fees and any other monies owing any person by reason of Contributions that you posted to or through the Website;
4. will not post Contributions that: (i) are defamatory, damaging, disruptive, unlawful, inaccurate, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, advocate the violent overthrow of the government of the United States, incite, encourage or threaten immediate physical harm against another, including but not limited to Communications that promote racism, bigotry, sexism, religious intolerance or harm against any group or individual, or (ii) contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner;
5. will not post Contributions that contain advertisements or solicit any person to buy or sell and products or services (other than SMM-related products and services);
6. will not use the Website for any commercial purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications or engaging in unauthorized framing of, or linking to, the Website without the express written consent of SMM;
7. will not post Contributions that constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on SMM or others’ computers or equipment, designated to enable you or others to gather information about or monitor the online or other activities of another party;
8. will not transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website, including, without limitation, hacking into the Website;
9. will not impersonate any other person or entity, sell or let others use your profile or password, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity;
10. will not provide material support or resources (or conceal or disguise the nature, location, source or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to Section 210 of the Immigration and Nationality Act;
11. will not accept payment or anything of value from a third person in exchange for your performing any activity on the Website; or
12. will not use the system to send unsolicited or commercial emails, bulletins, comments or other communications. As a reasonable estimation of such harm, you agree to pay SMM $50 for each such unsolicited email or other unsolicited communication you send through the Website.
II. No Commercial Use by Users. The Website is for the personal use of users only and may not be used in connection with any commercial endeavors, except those that are specifically endorsed or approved by SMM. You shall not engage in unauthorized framing of or linking to the Website without the express written consent of SMM.
SMM’s Rights to Manage Website and Terminate Users
I. Website Management. SMM reserves the right but does not undertake the obligation to: (a) monitor the Website for violations of this Agreement; (b) take appropriate legal action against anyone who, in SMM’s sole discretion, violates this Agreement, including without limitation, reporting you to law enforcement authorities; and (c) to otherwise manage the Website in a manner designed to protect the rights and property of SMM and others and to facilitate the proper functioning of the Website.
II. SMM’s Right to Terminate Users. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, SMM RESERVES THE RIGHT TO, IN SMM’S SOLE DISCRETION TERMINATE THE ACCOUNTS OF REPEAT INFRINGERS.
This Site may contain sweepstakes or contests that require you to send in material or information about yourself or offer prizes. Each sweepstakes or contest has its own rules which you must read and agree to before you may enter.
Legal Disclaimers & Liability
I. Disclaimer of Warranties. YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, CONTENT AND WEBSITE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SMM MAKES NO WARRANTY THAT (A) THE WEBSITE, CONTENT OR SERVICE PROVIDED BY OR THROUGH THIS WEBSITE OR ITS SERVICE PROVIDERS OR LINKED WEBSITES WILL MEET YOUR REQUIREMENTS, (B) THE WEBSITE, CONTENT OR THE SERVICE PROVIDED BY OR THROUGH THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, CONTENT OR WEBSITE SERVICES WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS WEBSITE WILL MEET YOUR EXPECTATIONS, (E) ANY ERRORS IN THE SOFTWARE RELATING TO THIS WEBSITE WILL BE CORRECTED OR (F) THAT THIS WEBSITE, CONTENT OR ANY SERVICES PROVIDED BY OR THROUGH IT WILL BE FREE FROM VIRUSES, HARMFUL SOFTWARE OR OTHER DEFECTS.
ANY MATERIAL OBTAINED THROUGH THE USE OF THIS WEBSITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND 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.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SMM OR THROUGH OR FROM THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
some states may not allow the exclusion of implied warranties, so the above disclaimers or portions of them may not apply to you. Your legal rights may vary from state to state.
II. Limitation of Liability. IN NO EVENT SHALL SMM OR ITS SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, FORESEEN OR UNFORESEEN, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF TIME OR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SMM OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND HOWEVER ARISING, INCLUDING NEGLIGENCE), RESULTING FROM OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, THE WEBSITE SERVICES AND/OR ANY CONTENT ON THE WEBSITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IN NO EVENT WILL SMM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER BE IN EXCESS OF THE AMOUNT YOU PAID TO SMM DURING THE SIX MONTHS PRIOR TO THE ALLEGED OCCURRENCE OR $100.00 WHICHEVER IS LESS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SMM’S LIABILITY IN THOSE JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
This provision and these remedies have been an important consideration for SMM in offering the website. You agree to these remedies and waive any rights contrary to these remedies, to the maximum extent permitted by law, if you access or use this Website.
III. Indemnification. You agree to defend, indemnify and hold harmless SMM and E.Rousseau Musical Products, its officers, directors, employees, affiliates, licensees, partners, subsidiaries and agents, third parties and service providers acting on SMM’s behalf ("Indemnified Parties") from and against any and all claims, actions, losses, demands and liability costs and expenses (including without limitation reasonable legal and accounting fees), arising from: (a) your use of this Website or Website Services; (b) your breach of this Agreement; (c) any Contributions you post to the Website; and (d) any breach of your representations and warranties set forth herein. SMM, at your expense and SMM’s discretion, may provide notice to you of SMM’s election to assist you in defending any such claim, suit or proceeding, but doing so will not excuse you from your indemnity obligations. You agree to pay reasonable attorney and expert witness fees and costs incurred by SMM or its agents or service providers in enforcing this provision.
IV. Choice of Law and Forum. You and SMM agree to submit to the exclusive jurisdiction of the appropriate state or federal court where subject matter jurisdiction and venue is proper for St. Joseph County, Indianaa. You and SMM agree that any disputes shall be resolved under the substantive law of the state of Indiana (exclusive of its choice of law provisions). The Convention for the International Sale of Goods shall not apply.
Term, Termination and Survival
Term and Termination. This Agreement shall remain in full force and effect while you use the Website or while you are employed by SMM. You may terminate your use or participation at any time, for any reason, by ceasing use of the Website. SMM may terminate your use or participation at any time, without warning.
Survival. Even after your use and participation is terminated, this Agreement will remain in effect, including Sections: 1 ("General"), 4 ("User Representations and Warranties"); 5 ("SMM’s Proprietary Rights"), 6 ("Grant of License to SMM"), 7 ("No Commercial Use by Users"); 8 ("Disclaimer of Warranties"), 9 ("Limitation of Liability"), 10 ("Indemnification"), 11 ("Choice of Law and Forum"), 12 ("SMM’s Right to Manage the Website and Terminate Users"), 13 ("Term, Termination and Survival"), and 16 ("Miscellaneous").
When you create an account with the Website, you will be asked to supply a password. You must keep your password confidential, and are responsible for all use of your password and account. You may not disclose or share your password with any third parties or use your password for any unauthorized purpose.
Modifications. SMM may at any time revise this Agreement, as well as the Website. SMM will alert all users with whom it maintains email information of such modifications. Any and all changes to this Agreement will also be reflected on the Website. IF YOU ARE A REGISTERED USER, you must click to accept the new agreement the next time you log on to the site IN ORDER TO BE ABLE TO CONTINUE TO PURCHASE SMM PRODUCTS. IF YOU ARE NOT A REGISTERED USER, YOU AGREE TO BE BOUND TO ANY CHANGES TO THIS AGREEMENT WHEN YOU USE THE WEBSITE AFTER YOU ARE NOTIFIED OF ANY SUCH MODIFICATION. you should keep your contact information current to ensure you are notified of any changes.
Entire Agreement. This Agreement constitutes the entire agreement between you and SMM regarding the use of the Website. This Agreement supersedes any and all previous proposals, negotiations, writings and other communication between you and SMM.
Waiver. The failure of SMM to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
Assignment. This Agreement will be binding upon and inure to the benefit of each party and their respective assigns. You may not assign your rights under this Agreement to any third party; SMM may assign its rights under this Agreement without condition.
Severability. This Agreement operates to the fullest extent permissible by law. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Survival. The provisions herein dealing directly or indirectly with intellectual property, disclaimers of warranties, limitation of liability, compliance with laws and regulations, security, dispute resolution and use restrictions and prohibitions continue to apply and shall survive the termination or expiration of any relationship between you and SMM.
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