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Terms of Use

 

Last revised 6/02/14

Welcome to the moorebrothersmusic.com website (the “Site”) which is owned and operated by Moore Brothers Music LLC. (“MBM” or “we” or “us”). Your access to and use of the Site is subject to these Terms of Use (“Terms of Use”) and all applicable laws. Your use of the Site constitutes your agreement to all of the terms contained herein.

  1. 1.                  Definitions

 

  1. “You” and “your” refer to you, as a user of the Site (including, without limitation, someone who accesses, browses, crawls, scrapes or in any way uses the Site).

 

  1. “Content” means text, images, photos, audio, video, location data, and all other forms of data or communication.

 

  1. “MBM Content” means all the Content made available through the Site, excluding User Content.

 

  1. “User Content” means content that you submit or transmit to, through, or in connection with the Site, such as images or comments.

 

  1. Changes to Terms of Use. We reserve the right to change the Terms of Use at any time without prior notice and by using the Site subsequent to any revision of the Terms of Use, you agree to be bound by such changes.

 

  1. Note to/regarding Children: YOU MUST BE AT LEAST 18 YEARS OLD TO REGISTER FOR SERVICES ON THIS SITE OR TO PROVIDE ANY INFORMATION ABOUT YOURSELF THROUGH THIS SITE. Through certain offerings on the Site, MBM may allow submissions of User Content, such as images drawn by kids. In connection with those submissions, we may ask for your child’s first name.  In addition, we may collect and store information about kids from their parents or guardians. However, MBM does not solicit, and will not accept, personal information directly from children under 13. See our Privacy Notice for further information.

 

  1. Age and Responsibility. You represent that you are of sufficient legal age to use this Site and to create binding legal obligations for any liability you may incur as a result of the use of this Site. If any of the services on the Site requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a login and password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account.

 

  1. MBM Privacy Notice. Registration data and certain other information about you is subject to our Privacy Notice.  

 

  1. User Content. Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through our site, by email, or in any other way. There are instances where MBM may offer you the opportunity to submit materials through the Site (or via other submission mechanisms such as email, mail or fax). Any information you submit to us is at your risk. By submitting or sending information or content to us, you represent and warrant that the material are original to you, that no other party has any rights thereto, and you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate in other works any submitted materials (in whole or part) in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes. We cannot be responsible for maintaining any submitted material that you provide to us, and we may delete or destroy any such material at any time.

 

  1. Disclaimer of Warranties. The Site and MBM Content are provided “As Is”. Your use thereof is at your own risk. While MBM uses reasonable efforts to ensure the accuracy, correctness and reliability of this Site’s content, we make no representations or warranties as to the accuracy, reliability, completeness, or timeliness of any information or material on the site. MBM, as well as any other party involved in creating, producing, or delivering the Site including, without limitation, the Content and any Services, specifically disclaim any liability or responsibility for any errors or omissions in the Site. 

 

MBM DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THIS SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND/OR OTHER HARMFUL MATERIALS. IF YOUR USE OF THE SITE, THE CONTENT OR THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, MBM IS NOT RESPONSIBLE FOR THOSE COSTS. MBM, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. MBM MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE TEXT, GRAPHICS, AND/OR LINKS APPEARING ON THE SITE.

 

  1. Limitation of Liability. EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, NEITHER MBM NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, CONTENT PROVIDERS, SUPPLIERS OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, ARISING FROM THE USE OR PERFORMANCE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, SERVICES OR PRODUCTS PROVIDED THROUGH THIS SITE, EVEN IF MBM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS SITE, OR ANY PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE SITE. Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
  2. Monitoring. MBM has no obligation to monitor any member’s use of the Site or retain the content of any user session. However, MBM reserves the right at all times and without notice to delete any content and to monitor, review, retain and/or disclose any content or other information in MBM’s possession, however obtained, about or related to you, your use of the Site or otherwise as necessary or useful to satisfy any applicable law, regulation, legal process, or governmental request. MBM is not responsible for any failure or delay in removing content.

 

  1. Ownership; Copyright. © Moore Brothers Music 2004 – 2014. All rights reserved. Except where otherwise indicated, the MBM Content featured or displayed on this Site, belongs to MBM, its licensors and its content providers, and is protected by copyright, trade dress, moral rights, trademark and other laws, to the fullest extent applicable under both United States and foreign laws. Unauthorized use of the Content could subject you to liability under copyright, trademark, trade dress, unfair competition, and other laws of the United States.

 

The MBM Content may not be used except as provided in these Terms of Use or without the written permission of MBM. MBM authorizes you to copy materials on this site to a hard drive solely for the purpose of viewing and using the Site on your computer. You may also print portions of the Site in hard copy for the sole purpose of facilitating your personal, noncommercial use and retention of information from the Site. You may not sell or modify the MBM Content or reproduce, republish, display, publicly perform, distribute, or otherwise use the MBM Content or the Site in any way for any public or commercial purpose. Unauthorized use of the MBM Content or the Site on any other Site or in a networked computer environment for any purpose is prohibited.

 

  1. Trademarks. All of the trademarks, logos, and service marks appearing on the Site (the “Trademarks”) are the registered and unregistered trademarks of MBM and other third parties, protected under the laws of the United States and other countries.  Without the prior written permission of the trademark owner, you may not use or display the Trademarks in any manner. Use on this Site of the trademark(s) of any other party is not intended to imply MBM's affiliation with or endorsement of that party, or that party's sponsorship or endorsement of MBM, its products or services.

 

  1. Links to Other Sites. The Site may contain links to sites not operated or maintained by MBM. These links are provided solely as a convenience to you and not as an endorsement by MBM of the content of such third party sites. MBM is not responsible for the content of the sites of others and makes no representation regarding the content or accuracy of materials on such sites.

 

  1. Unsolicited Submissions/Feedback. MBM does not accept or consider unsolicited ideas, including ideas for new products, services, technologies, processes, marketing plans or new product names. Please do not send any original artwork, samples, demos or other works. If you do send such materials, MBM makes no assurances that your ideas and materials will be treated as confidential or proprietary. Any feedback you provide on this Site will be deemed non-confidential. MBM is free to use such information on an unrestricted basis.

 

  1. Governing Law and Venue. The rights and obligations of the parties shall be governed by, and these Terms of Use shall be construed and enforced in accordance with, the laws of the State of Washington, excluding any rules that would apply the law of another jurisdiction. The parties hereto consent to the personal jurisdiction and the exclusive venue of all federal and state courts in King County, Washington, for hearing all disputes under this Agreement.

 

  1. Termination. MBM reserves the right, in its sole discretion, to terminate your access to all or part of the Site, with or without notice.

 

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