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We wish to respect the privacy of our visitors. The privacy
policy includes the following:
For each visitor to our Web site, our Web server automatically
recognizes the visitor's domain name and IP address, but not
the e-mail address (where possible).
We collect the domain name and IP address (but not the e-mail
address), of visitors to our Web site, the e-mail addresses
of those who communicate with us via e-mail, aggregate information
on what pages consumers access or visit, and information volunteered
by the visitor, such as survey information and/or site registrations.
The information we collect is used to improve the content
of our Website, used to customize the content and/or layout
of our page for each individual visitor, and may be used to
notify visitors about updates to this Web site.
We do not make our mailing list, which includes email addresses
and/or postal addresses, available to third parties at this
time. Your information is kept confidential. If you give us
your email address and/or postal address, we may from time
to time send you emails or regular mailings regarding special
announcements or offers from or through our organization.
If you do not wish to receive such mailings, please let us
know by emailing us or via the contact form on the site. Please
provide us with your exact name and address.
From time to time, we may use customer information for new,
unanticipated uses not previously disclosed in our privacy
notice. If our information practices change at some time in
the future we will post the policy changes to our Web site
to notify you of these changes and provide you with the ability
to opt out of these new uses. If you are concerned about how
your information is used, you should check back at our Web
site periodically.
Upon request we provide site visitors with access to unique
identifier information (e.g., visitor number or password)
that we maintain about them, transaction information that
we maintain about them, contact information (e.g., name, address,
phone number) that we maintain about them. Visitors can access
this information by emailing us at the above address.
Upon request we offer visitors the ability to have inaccuracies
corrected in contact information. Visitors can have this information
corrected by sending us e-mail at the above address.With respect
to security: We have appropriate security measures in place
in our physical facilities to protect against the loss, misuse
or alteration of information that we have collected from you
at our site.
If you feel that this site is not following its stated information
policy, you may contact us at the above addresses.
TERMS AND CONDITIONS
Welcome to TedGreene.com. (the "Service"). This
document explains the terms and conditions for using our Service
(the "Agreement"). By using our Service, you consent
to this Agreement and any new version of it posted since your
last visit. If the Agreement is not acceptable, then please
do not use our Service. This Agreement was last updated on:
April24, 2006.
USING OUR CONTENT & SERVICE
Our Proprietary Rights. Our Service may contain an
assortment of information, data, software, images, video clips,
links, logos and other material ("Content") that
are the copyright, trademark or other intellectual property
of the owners of this Service or third party suppliers. The
Content in this Service is copyrighted individually and as
a collective work. All rights are reserved. The name "TedGreene.com"
and "MusicProjectOnline.com" and other names appearing herein are the trademarks or registered
trademarks of the Service or the respective third party owners.
You will ensure that all copyright, trademark or other proprietary
rights notices appearing on any Content remain intact and
legible. All licenses are non-exclusive.
Linking to Our Site. You may not display our Content
within a frame or border, or "deep link" or harvest
Content located below our top-most URL. You will not link
to our Service or Content in a manner that suggests an endorsement
or affiliation between our sites. You will remove any link
to our Service that we find objectionable promptly upon request.
For more information about linking to our site, contact us.
Reservation of Rights. All content, communications,
software applications, digital products, updates and features
of this Service are copyrighted by the Service, its owners,
suppliers or other third parties. We reserve all rights not
specifically granted to you. This means permission to use
the Service and related intellectual property rights will
be narrowly interpreted by a court in our favor. Except as
specifically authorized in this Agreement, you may not store,
copy, reproduce, adapt, reformat, create derivative works
of, transmit, disseminate, publicly display or perform any
copyrighted material from this Service. You may not reverse
engineer our Service or any software obtained from it to discover
its underlying design or inner workings (and you will hold
in confidence for our benefit alone anything discovered in
violation of this provision). If you infringe our intellectual
property rights or exceed the scope of permitted use of this
Agreement, you agree that we could be irreparably injured
and may obtain a court order without necessity of posting
bond to enjoin you from further mischief.
Our Online Services and Products. Our online services
and product listings offer information about tangible and/or
digital products available for sale or license. All product
information, descriptions and prices contained in our online
catalog are provided in good faith but "AS-IS" and
"AS-AVAILABLE."
Purchases. We do not currently offer anything for
sale or requiring a payment. In the event we add such a feature
the following will apply: All orders are subject to our approval
and acceptable payment methods or terms. Unless otherwise
agreed, prices are payable in U.S. dollars by major credit
card, certified check or money order. Prices and availability
of items are subject to change without notice.
THIRD PARTY LINKS AND ADVERTISERS.
Content, goods or services may be offered by third parties
through hotlinks or advertisements contained on our Service
or through private-branded areas that are controlled by third
party providers. These are offered as a convenience to you.
We have no control over and do not endorse third party content,
goods or services. We act as a distributor and not as a republisher
of third party content and as an advertising channel for third
party goods and services. Third party providers may change,
add or discontinue their content or offerings at any time
without notice. They may impose additional or different conditions
on your use of their content or services (please read any
additional terms that may be posted by such providers). WE
DISCLAIM ALL REPRESENTATIONS AND WARRANTIES REGARDING CONTENT,
GOODS OR SERVICES YOU OBTAIN FROM THIRD PARTY PROVIDERS. YOU
WILL LOOK SOLELY TO THE THIRD PARTY PROVIDER FOR ALL CLAIMS
REGARDING SUCH MATTERS.
SYSTEM SECURITY.
We follow technical and management practices that we believe
are reasonable under the circumstances to protect the confidentiality,
security and integrity of information stored on our system,
but we do not operate a completely secure Site. For example,
we generally do not use secure pages to collect information
and we generally do not store data in encrypted form.
OUR PRIVACY POLICY
Our Privacy Policy for this Site is posted at our policies
page. The terms of that Policy, and any future amendments
to it, are hereby incorporated by reference in its entirety
into this Agreement and subject to these terms. Third parties
providing goods or services to you (including those advertising
or providing links on our Service) may have privacy policies
or practices that differ from our own. Please check their
sites' privacy disclosures for details.
WARRANTIES & LIABILITIES.
Warranty Disclaimer. THIS SERVICE (INCLUDING ALL INFORMATION,
CONTENT, COMMUNICATIONS, FEATURES, PRODUCTS, SOFTWARE AND
SERVICES) MAY INCLUDE INACCURACIES, ERRORS AND DEFECTS AND
IS PROVIDED AS-IS AND AS-AVAILABLE WITHOUT WARRANTY OF ANY
KIND. ALL WARRANTIES, INCLUDING MERCHANTABILITY, QUALITY,
INTEGRATION, ACCURACY, WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT ARE DISCLAIMED. THE SERVICE
IS NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR DISRUPTION
OF YOUR COMMUNICATIONS, CONTENT OR TRANSACTIONS ENTERED INTO
WITH THE SERVICE. THE SERVICE IS NOT RESPONSIBLE FOR ANY HARASSING,
DEFAMATORY, ILLEGAL OR IMPROPER CONDUCT OR CONTENT OF THIRD
PARTIES, OR FOR ANY INFRINGEMENT OF INTELLECTUAL PROPERTY
RIGHTS BY THIRD PARTIES.
No Professional Relationship. THIS SERVICE DOES NOT
DISPENSE PROFESSIONAL SKILL, ADVICE OR JUDGMENT OF A REGULATED
OR PROFESSIONAL NATURE, INCLUDING LEGAL, MEDICAL, ACCOUNTING,
FINANCIAL OR OTHER PROFESSIONAL CALLING. THE SERVICE DOES
NOT PROVIDE FINANCIAL SERVICES, REAL ESTATE BROKERAGE SERVICES,
SECURITY BROKERAGE SERVICES, HOME LENDING OR MORTGAGE SERVICES.
NOTHING IN THIS SERVICE ESTABLISHES A PROFESSIONAL OR FIDUCIARY
RELATIONSHIP WITH YOU. ALL INFORMATION, CONTENT AND COMMUNICATIONS
SHOULD BE INDEPENDENTLY VERIFIED BY YOUR OWN PROFESSIONAL
ADVISERS.
Limitation of Liability. YOU AGREE THIS SERVICE IS
NOT LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE AMOUNT, IF
ANY, ACTUALLY PAID TO IT BY YOU DURING THE SIX (6) MONTHS
PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM. IN NO EVENT
IS THE SERVICE LIABLE WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY INDIRECT,
PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING LOST SAVINGS, LOST PROFIT, LOST GOODWILL,
LOST OR CORRUPTED DATA OR BUSINESS INTERRUPTION) EVEN IF NOTIFIED
IN ADVANCE OF SUCH POSSIBILITY. THIS LIMITATION IS A MATERIAL
CONDITION TO THIS AGREEMENT, IS COMMERCIALLY REASONABLE AND
HAS BEEN FACTORED INTO THE AGREEMENT AS A WHOLE. SOME STATES
OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
FOREGOING LIMITATION MAY NOT APPLY TO YOU.
Indemnification. You agree to defend, indemnify and
hold harmless the Service and its officers, directors, owners,
agents, employees, advisers and consultants, from and against
any claims, actions, demands, liability, damages (including
legal and professional fees) asserted by any third party and
arising from your use of the Service, your conduct, content,
communications, alleged infringement of third party intellectual
property or privacy rights, or violation of this Agreement.
Limitation of Remedies. You agree that if the Service
breaches this Agreement, your sole and exclusive remedy will
be to terminate this Agreement and your relationship with
the Service. This applies regardless of whether the remedy
fails of its essential purpose.
Protected Parties. THE WARRANTY DISCLAIMERS, LIABILITY
LIMITS, INDEMNITIES AND RESERVATION OF RIGHTS CONTAINED IN
THIS AGREEMENT PROTECT THE SERVICE, ITS OFFICERS, DIRECTORS,
OWNERS, AGENTS, CONSULTANTS, ADVISERS, EMPLOYEES, AFFILIATES,
ADVERTISERS, DISTRIBUTORS, RESELLERS, SUPPLIERS, PUBLISHERS
AND PROMOTERS.
FORCE MAJEURE.
The Service is not responsible for any delay or failure in
performance of the Service in whole or in part for any reason
including, without limitation: fires, floods, storms, earthquakes,
civil disturbances, disruption of telecommunications, transportation,
utilities, services or supplies, governmental action, computer
viruses, corruption of data, hacker attack, incompatible or
defective equipment, software or services or otherwise. Nothing
herein enlarges any warranty or diminishes any disclaimer
under this Agreement.
NO OUTSIDE CONTACTS.
Because of the uncertainty and lack of uniformity of laws
in other jurisdictions (particularly as applied to Internet
sites), it is important to agree that our Service operates
solely in Orange County, California (our "Locality").
You are using the Internet as your own agent to access and
use our Service from the local Internet point of presence
(POP) here in our Locality and you are using the Internet
or public carrier as your local agent to take delivery of
any information, products or services in our Locality. This
means all operations, services, deliveries, performance and
contacts of our Service occur solely in our Locality. Our
Service does not submit to personal jurisdiction anywhere
else and you irrevocably waive any claim to the contrary.
INJUNCTIVE RELIEF.
If you violate or exceed the scope of this Agreement or infringe
our proprietary rights, you agree we would be irreparably
harmed and may (in addition to other relief and without having
to post bond) obtain a court order enjoining your from further
mischief.
GOVERNING LAW.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE
WITH THE SUBSTANTIVE LAWS OF CALIFORNIA (USA), WITHOUT REGARD
TO CONFLICTS OF LAW PRINCIPLES. YOU AGREE TO INITIATE AND
MAINTAIN ANY LEGAL ACTION IN SUCH DESIGNATED STATE/LOCALE
AND IRREVOCABLY CONSENT TO EXCLUSIVE PERSONAL JURISDICTION
AND VENUE THEREIN. YOU ARE RESPONSIBLE FOR COMPLYING WITH
YOUR OWN LOCAL LAWS, WHICH MAY VARY WITH RESPECT TO CERTAIN
ACTIVITIES OR PEOPLE (e.g., MINORS). You agree that U.S. District
Courts can hear cases involving copyright issues between us.
Since we make no warranties and have limited our liabilities,
you should have little reason to have a grievance with us.
Should you nevertheless bring legal action against us, you
irrevocably agree it will be brought and maintained within
one (1) year after the claim arises or be barred. As disincentive
for unwarranted litigation, you agree that if you sue us and
don't win on the merits, you will pay our defense costs, including
reasonable legal fees for in-house and outside counsel. If
we are required to enforce this Agreement or our rights, you
agree it is reasonable to send you legal notices and papers
by electronic mail at your stated address (we would also attempt
to send you a backup copy by regular mail).
TECHNOLOGY & DATA TRANSFER.
Technology Transfer. The transport of technology,
technical data and information across national boundaries
is regulated by the U.S. and certain foreign governments.
You agree not to directly or indirectly export or re-export
any information, software or technology obtained from or through
the Service that requires an export license or governmental
approval without first obtaining that license or approval.
This provision will survive termination of our Agreement.
European Union Residents. If you reside in the European
Union (EU) or if any transfer of information between you and
our Service is governed by the European Union Data Protection
Directive or national laws implementing that Directive, then
you consent to the transfer of such information outside of
the European Union to your country and to such other countries
as may be contemplated by the features and activities provided
by the Service.
RELATIONSHIP OF PARTIES.
There are no third party beneficiaries of this Agreement.
The parties are independent to one another and are not related
by franchise, partnership, employment, joint venture or otherwise.
This Service is not a party to any transaction between you
and any third party advertisers or suppliers. You will look
solely to the third party for all claims regarding their goods,
services or information.
RIGHT TO RELY ON INSTRUCTIONS.
The Service may act in reliance upon any instruction, information,
document, filing, name, email address or user password that
meets the Service's automated criteria or which is believed
by the Service's personnel to be genuine. For any password
protected areas, the Service may assume a person entering
a user name address and associated password is, in fact, that
user or is authorized by that user to act on its behalf. The
Service may assume the latest email addresses and registration
information on file with the Service are accurate and current.
When programmed to do so, the Service may take prescribed
actions in the absence of receiving proper and complete contrary
instructions.
CHANGES TO SERVICE.
We reserve the right to modify, change or discontinue the
Service or any feature at any time without notice. You agree
that the Service is not liable to you or to any third party
as a result of any such action. We invite users to make suggestions
for ways that the Service can be improved. If you make a suggestion,
you authorize us to use the idea and to publish your name
in connection with the submission. We do not pay compensation
for using submissions.
TERMINATION.
Either party may terminate this Agreement in their sole discretion,
at any time with or without cause and regardless of the stated
registration period otherwise applicable. We reserve the right
to suspend or terminate operation of this Service, or any
feature of this Service, at any time upon notice. Protections
afforded to us and to third parties by this Agreement will
survive termination. If this Agreement is suspended or terminated
as a result of unauthorized use or infringement of rights
to Content obtained from the System, you agree that upon request,
you will destroy all copies of such Content in your possession
or under your control.
NOTICE TO CALIFORNIA RESIDENTS.
Under California Civil Code Section 1789.3, California residents
are entitled to the following specific consumer rights information.
Pricing Information: Current rates for using the Service
may be obtained by calling 714-429-9601. The Service reserves
the right to change fees, surcharges or to institute new fees
at any time, as provided in this Agreement.
Complaints: The Complaint Assistance Unit of the Division
of Consumer Services of the California Department of Consumer
Affairs may be contacted in writing at 1020 North Street,
Suite 501, Sacramento, CA 95814, or by telephone at (916)
445-1254.
MISCELLANEOUS.
This document reflects our entire and exclusive agreement
and supersedes all other agreements regarding this subject
matter, whether written or verbal. We reserve the right to
change this Agreement at any time by posting a new version
on the Service. Your continued use of this Service after the
effective date of such amendment will constitute your acceptance
of it. Any other amendment to this Agreement shall be in a
pen-and-ink signed writing, regardless of any course of conduct
or trade practice between us. This electronic document or
a hardcopy duplicate in good form shall be considered an original
document admissible into evidence unless the document's authenticity
is genuinely placed in question. We reserve the right to assign
this Agreement or delegate responsibility to any third party,
including a party acquiring any of our operating assets or
ownership interests. All licenses or permissions granted to
you by this Agreement are personal in nature and may not be
assigned, sublicensed or otherwise transferred and any attempt
to the contrary is void. Any provision of this Agreement found
by a court to be illegal or unenforceable shall automatically
be deemed conformed to the minimum requirements of law and
shall thereupon be given full force and effect as so modified.
Waiver of a provision in one instance shall not preclude our
enforcement of it on future occasions. Headings are for reference
purposes only and have no substantive effect.
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