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Welcome
to www.AllTheAboveEvents.com (heretofore
referred to as “AllTheAboveEvents.com”),
as provided by All The Above Events
(“we” or “us”). These Terms of Use govern
your use of this website, content, and
downloads offered through AllTheAboveEvents.com.
YOUR
AFFIRMATIVE ACT OF USING ALLTHEABOVEEVENTS.COM
SIGNIFIES THAT YOU AGREE TO THE THESE
TERMS OF USE, AND YOU CONSENT TO TRANSACT
WITH US ELECTRONICALLY. IF YOU DO NOT
AGREE, DO NOT USE ALLTHEABOVEEVENTS.COM
1.
CHANGES TO THE TERMS OF USE. We may
change these Terms of Use at any time.
You can review the most current version
of these terms by clicking on the "Terms
of Use" hypertext link located at the
bottom of our web pages. You are responsible
for checking these terms periodically
for changes. If you continue to use
AllTheAboveEvents.com after we post
changes to these Terms of Use, you are
signifying your acceptance of the new
terms.
2.
ADDITIONAL TERMS. Certain areas of AllTheAboveEvents.com,
such as pages where you can download
audio and other files, may include usage
guidelines and rules that will supplement
these Terms of Use. By using those services
on AllTheAboveEvents.com, you agree
to comply with such guidelines and rules.
3.
CHANGES TO ALLTHEABOVEEVENTS.COM. We
may discontinue or change any service
or feature on AllTheAboveEvents.com
at any time and without notice.
4.
ACCESS COSTS. You must provide at your
own expense the equipment and Internet
connections that you will need to access
and use AllTheAboveEvents.com. If you
access AllTheAboveEvents.com through
a telephone line, please call your local
phone company to determine if the access
numbers you select are subject to long
distance or other toll charges at your
location. Also, if you access AllTheAboveEvents.com
through wireless applications (e.g.,
cell phones), your carrier, such as
a wireless carrier, may charge fees
for alerts, web browsing, messaging
and other services that require the
use of airtime and wireless data services.
Check with your carrier to verify whether
there are any such fees that may apply
to you. You are solely responsible for
any costs you incur to access AllTheAboveEvents.com
through any wireless or other communication
service.
5.
YOUR RESPONSIBILITIES. You may use AllTheAboveEvents.com
for lawful purposes only. You may not
use AllTheAboveEvents.com in any manner
that could damage, disable, overburden,
or impair our host servers or networks,
or interfere with any other party's
use and enjoyment of AllTheAboveEvents.com.
You may not attempt to gain unauthorized
access to any services, databases, computer
systems or networks, through hacking,
password mining or any other means.
We may take any legal and technical
remedies to prevent the violation of
this provision and to enforce these
Terms of Use
6.
PROPRIETARY RIGHTS AND OWNERSHIP OF
PROPERTY. Any text, messages, audio,
lyrics, information, images, and video
("Content") on AllTheAboveEvents.com
are the property of All The Above Events
or the original music and/or video producers.
The Content is protected by copyright,
trademark, patent, and other proprietary
rights. If you are the owner of Content
we are using as a demonstration of our
services and do not want us to use your
Content, please notify
Info@AllTheAboveEvents.com
and we will
discontinue usage of your content.
7.
LICENSE TO USE ALLTHEABOVEEVENTS.COM.You
may use AllTheAboveEvents.com and the
Content offered on AllTheAboveEvents.com
only for personal, non-commercial purposes.
You may use Content offered for downloading,
such as photos and music, for personal
use only and subject to the rules that
accompany that particular Content. You
may not use the Content in a manner
that exceeds the rights granted for
your use of the Content. You may not
use any data mining, robots, or similar
data gathering and extraction tools
on the Content, frame any portion of
AllTheAboveEvents.com or Content, or
reproduce, reprint, copy, store, publicly
display, broadcast, transmit, modify,
translate, port, publish, sublicense,
assign, transfer, sell, loan, or otherwise
distribute the Content without our prior
expressed written consent. You may not
circumvent any mechanisms included in
the Content for preventing the unauthorized
reproduction or distribution of the
Content. E-mail
Info@AllTheAboveEvents.com
for information
on how you can request permission to
reproduce certain Content from AllTheAboveEvents.com.
8.
CONTENT YOU POST TO PUBLIC AREAS. Certain
areas of AllTheAboveEvents.com may allow
you to post Content that can be accessed
and viewed by others, including the
public in general. You may only post
Content to public areas on AllTheAboveEvents.com
that you created or that you have permission
to post. You may not post Content that
violates these Terms of Use. We do not
claim ownership of any Content that
you may post. However, by submitting
Content to public areas of AllTheAboveEvents.com,
you grant us and our affiliates the
right to use, copy, display, perform,
distribute, adapt and promote this Content
in any medium
9.
NO DUTY TO MONITOR. You agree that we
are not liable for Content that is provided
by others. We have no duty to pre-screen
Content, but we have the right to refuse
to post or to edit submitted Content.
We reserve the right to remove Content
for any reason, but we are not responsible
for any failure or delay in removing
such material.
10.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT. We respect the intellectual
property of others. If you believe that
your work has been copied and is accessible
on AllTheAboveEvents.com in a way that
constitutes copyright infringement,
please e-mail us at
Info@AllTheAboveEvents.com
to report
possible copyright infringement
11.
THIRD PARTY SITES. AllTheAboveEvents.com
may include links to third party websites.
Some of these sites may contain materials
that are objectionable, unlawful, or
inaccurate. These links do not mean
that we endorse these third party sites
or services. You acknowledge and agree
that we are not responsible or liable
for any Content or other materials on
these third party sites. Any dealings
that you have with third party sites
accessed via AllTheAboveEvents.com are
between you and the third party and
you acknowledge and agree that we are
not liable for any loss or claim you
may have against a third party.
12.
DISCLAIMER OF WARRANTIES. We provide
AllTheAboveEvents.com “as is”, “with
all faults” and “as available”. We and
our affiliates make no express warranties
or guarantees about AllTheAboveEvents.com.
TO THE EXTENT PERMITTED BY LAW, WE AND
OUR AFFILIATES DISCLAIM IMPLIED WARRANTIES
THAT ALLTHEABOVEEVENTS.COM CONTENT AND
SERVICES DISTRIBUTED THROUGH ALLTHEABOVEEVENTS.COM
ARE MERCHANTABLE, OF SATISFACTORY QUALITY,
ACCURATE, TIMELY, FIT FOR A PARTICULAR
PURPOSE OR NEED, OR NON-INFRINGING.
WE DO NOT GUARANTEE THAT ALLTHEABOVEEVENTS.COM
WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE,
RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE
AT ALL TIMES. WE DO NOT GUARANTEE THAT
THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF AllTheAboveEvents.com, INCLUDING
ANY SUPPORT SERVICES, WILL BE EFFECTIVE,
RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS.
WE DO NOT GUARANTEE THAT YOU WILL BE
ABLE TO ACCESS OR USE ALLTHEABOVEEVENTS.COM
(EITHER DIRECTLY OR THROUGH THIRD-PARTY
NETWORKS) AT TIMES OR LOCATIONS OF YOUR
CHOOSING. NO ORAL OR WRITTEN INFORMATION
OR ADVICE GIVEN BY AN ALL THE ABOVE
EVENTS REPRESENTATIVE SHALL CREATE A
WARRANTY. You may have additional consumer
rights under your local laws that this
contract cannot change.
13.
LIMITATION OF LIABILITY. YOUR EXCLUSIVE
REMEDY REGARDING ANY CONTENT PROVIDED
BY US SHALL BE THE REPLACEMENT OF ANY
SUCH CONTENT FOUND TO BE DEFECTIVE.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY
OTHER DISPUTE WITH US IS TO DISCONTINUE
YOUR USE OF ALLTHEABOVEEVENTS.COM.IN
NO EVENT SHALL OUR LIABILITY, OR THE
LIABILITY OF OUR AFFILIATES FOR ANY
AND ALL CLAIMS RELATING TO THE USE OF
ALLTHEABOVEEVENTS.COM EXCEED THE TOTAL
AMOUNT OF FEES THAT YOU PAID US FOR
THE SPECIFIC CONTENT OR SERVICE AT ISSUE.
WE
AND OUR AFFILIATES SHALL NOT BE LIABLE
FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING
FROM YOUR USE OF, INABILITY TO USE,
OR RELIANCE UPON ALLTHEABOVEEVENTS.COM.THESE
EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST
PROFITS, LOST DATA, LOSS OF GOODWILL,
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION,
OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES,
EVEN IF WE KNEW OR SHOULD HAVE KNOWN
OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES OR JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR THE LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES OR JURISDICTIONS,
OUR LIABILITY
14.
INDEMNIFICATION. Upon a request by us,
you agree to defend, indemnify, and
hold harmless our affiliates and us
from all liabilities, claims, and expenses,
including attorney's fees that arise
from your use or misuse of AllTheAboveEvents.com.
We reserve the right, at our 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 us in
asserting any available defenses.
15.
INTERNATIONAL USE. We make no representation
that Content on AllTheAboveEvents.com
is appropriate or available for use
in locations outside the United States,
and accessing it from territories where
the Content is illegal is prohibited.
If you choose to access AllTheAboveEvents.com
from a location outside the U.S., you
do so on your own initiative and you
are responsible for compliance with
local laws.
PLEASE
NOTE THAT BY AGREEING TO THESE TERMS
OF USE, YOU ARE: (1) WAIVING CLAIMS
THAT YOU MIGHT OTHERWISE HAVE AGAINST
US BASED ON THE LAWS OF OTHER JURISDICTIONS,
INCLUDING YOUR OWN; (2) IRREVOCABLY
CONSENTING TO THE EXCLUSIVE JURISDICTION
OF, AND VENUE IN, STATE OR FEDERAL COURTS
IN THE STATE OF CALIFORNIA OVER ANY
DISPUTES OR CLAIMS YOU HAVE WITH US;
AND (3) SUBMITTING YOURSELF TO THE PERSONAL
JURISDICTION OF COURTS LOCATED IN THE
STATE OF CALIFORNIA FOR THE PURPOSE
OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
16.
SEVERABILITY AND INTEGRATION. This contract
and any supplemental terms, policies,
rules and guidelines posted on AllTheAboveEvents.com
constitute the entire agreement between
you and us and supersede all previous
written or oral agreements. If any part
of these Terms 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.
17.
TERMINATION. Your right to use AllTheAboveEvents.com
automatically terminates if you violate
these Terms of Use or any rules or guidelines
posted in connection with AllTheAboveEvents.com.
We also reserve the right, in our sole
discretion, to terminate your access
to all or part of AllTheAboveEvents.com,
for any reason, with or without notice.
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