Terms and Conditions of Use
ACCEPTANCE OF TERMS THROUGH USE
Your access to and continued use of Calvin Becker Music's (the Owner) Web site at www.calvinbecker.com (the Site) constitutes your acceptance of and compliance with the following provisions.
If you have not already done so, please take the time to familiarize yourself with these provisions. If you do not agree to these terms and conditions, you should immediately discontinue any use of the Site.
Also note that these terms and conditions may change from time to time and it is your responsibility to check for such updates. Your continued use of the Site following the posting of any changes to the Terms and Conditions of Use constitutes acceptance of those changes.
The last revision date for these terms and conditions is set forth below.
Last revised: [January 1, 2009]
NO SOLICITATION
No part of the Site should be taken to constitute an offer or solicitation to buy or sell products or services.
Some products or services mentioned on the Site may only be available in certain areas or jurisdictions.
Any products or services mentioned in the Site are made available in accordance with local law and only where they may be lawfully offered for sale.
NO ENDORSEMENT
The Site may contain links to other sites. These links are provided as references to help you identify and locate other Internet resources that may be of interest. These sites may contain information or material that some people may find offensive.
These other sites were independently developed by parties other than the Owner, and the Owner does not assume responsibility for the accuracy or appropriateness of the information contained at such sites.
These other sites are not under the control of the Owner, and you acknowledge that the Owner is not responsible for the copyright compliance, legality, decency, or any other aspect of the content of such sites.
The inclusion of such a link does not imply endorsement of the site by the Owner or any association with its operators. The mention of another party or its product or services on the Site should not be construed as an endorsement of that party or its product or service.
In providing links to other sites, the Owner is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to control the content of, or maintain any type of editorial control over, such sites.
PROPRIETARY RIGHTS
You acknowledge and agree that all content and materials available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by the Owner, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.
Notwithstanding the above, you may print or download one copy of the materials or content on the Site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices.
Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from the Owner is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms and Conditions of Use is prohibited.
The Owner will take appropriate legal action to enforce its rights. As noted above, any reproduction, copying, or redistribution for commercial purposes of any materials or design elements on the Site is strictly prohibited without the express written permission of the Owner.
DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
THE OWNER AND ITS AFFILIATES AND LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS SOLELY AT YOUR RISK.
BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE OWNER OR ITS AFFILIATES AND LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE.
THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE OWNER LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
INDEMNIFICATION
Upon a request by the Owner, you agree to defend, indemnify, and hold harmless the Owner and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of the Site.
The Owner reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the Owner in asserting any available defenses.
INTERNATIONAL USE
The Owner makes no representation that materials on the Site are appropriate or available for use in locations outside Canada, and accessing them from territories where their contents are illegal is prohibited.
Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
CHOICE OF LAW AND FORUM
These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of Canada in the Province of Alberta, excluding its conflicts of law rules.
You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Conditions and Use or your use of the Site shall be filed only in the provincial or federal courts located in the Province of Alberta,
and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and the Owner with respect to the Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and the Owner with respect to the Site.
If any part of these Terms and Conditions of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
TERMINATION
The Owner reserves the right, in its sole discretion, to terminate your access to all or part of the Site, with or without notice.