Web Site User Agreement
This Agreement sets forth the terms and conditions that govern your access and use of the Web Site and related internet media properties owned or operated by PlayItClickItBurnIt.com, LLC using the name TELY CEASE SUCH USE. PICIBI MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
This Agreement includes PICIBI's Privacy Policy and any specific terms on PICIBI web sites owned and operated by PICIBI, each of which is incorporated into this Agreement in its entirety by reference, to which You are indicating Your agreement and acceptance to be bound by the provisions thereof, by way of your use of the Site.
1. Copyright, Licenses and Media Submissions.
Domestic and International copyright and trademark laws protect the entire contents of the Site. The owners of the intellectual property, copyrights and trademarks are PICIBI, its affiliates and subsidiaries or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE OR SOFTWARE.
Subject to more specific terms on purchase or use of music, videos, audiobooks, or other media (hereinafter collectively referred to as fer title to the material, or any intellectual property rights therein, to you. You may not redistribute or sell the material.
Subject to more specific terms on purchase or use of Media on the PICIBI web site, you may post and submit certain information and content to the Site. You agree to grant to PICIBI a non-exclusive, royalty-free, worldwide, sub licensable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein), you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to PICIBI by all means and in any media now known or hereafter developed. You also grant to PICIBI the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against PICIBI for any alleged or actual infringement or misappropriation of any proprietary right in your communications to PICIBI.
PICIBI may use the information it obtains as a result of your registration with the Site, including but not limited to your IP address, name, mailing address, and email address for its internal business and marketing purposes and may disclose the information to third parties for such purpose pursuant to PICIBI's Privacy Policy.
Any and all Media submitted to the Site is submitted with the agreement and consent of its owner. The submitting party represents and agrees that by submitting any Media to the Site, he or she is the rightful and lawful owner of such Media. By submitting any Media to the Site, you agree to pay PICIBI the fee or fees set out in the web site for hosting your Media. In order to be compensated for the use or downloading of your Media, you must establish an account with PayPal. You will receive all funds generated from the use or downloading of your Media, subject only to credit card and PayPal fees charged by third parties. You shall be responsible for setting your own fees or prices.
PICIBI shall not be responsible for any accounting for your funds or for any tax reporting, tax payment or collection, or for any other financial obligation to you.
2. Trademarks.
"PlayItClickItBurnIt.com or any other names of PICIBI, or its Web sites, seminars, conferences, events, trade shows, publications, products content
or services referenced herein or on the Site are the exclusive trademarks or service marks of PICIBI, including the "look" and "feel" of the Site, its color combinations, layout, and all other graphical elements. Any use of PICIBI's trademarks is strictly prohibited without the express permission from PICIBI. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
3. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by PICIBI, PICIBI does not operate, control or endorse any information, products or services on the Site in any way. Except for PICIBI identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with PICIBI. You also understand that PICIBI cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
If PICIBI offers a search feature within the Site, PICIBI explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. PICIBI also disclaims any responsibility for the completeness or accuracy of any directory or search result.
In connection with your use of the Site, you agree you will not:
a) Transmit any message, information, data, text, software or images, or other content ("Material") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable that may invade another's right of privacy or publicity;
b) Impersonate any person or entity, including but not limited to, an PICIBI official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity;
c) Post or transmit any Material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
d) Post or transmit any Material that contains a virus or corrupted data;
e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
f) Use the Site's communication features in a manner that adversely affects the availability of its resources to other users such as, by way of example only, excessive shouting, use of all caps, or flooding continuous posting of repetitive text;
g) Post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation or information such as opinions or notices, commercial or otherwise;
h) Violate any applicable local, state, national or international law;
I) Upload or transmit any Media that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
j) Delete or revise any Media posted by any other person or entity;
k) Manipulate or otherwise display the Site by using framing or similar navigational technology, or
l) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any PICIBI product or service if you are not expressly authorized by such party to do so.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. PICIBI PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, ANY MERCHANDISE, INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY, AND PICIBI SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SITE ANY SUCH MERCHANDISE, INFORMATION, SERVICE OR TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK. PICIBI HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL PICIBI BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, ANY MERCHANDISE, INFORMATION, SERVICE, OR TRANSACTIONS PROVIDED ON THE SITE, OR DOWNLOADED FROM THE SITE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF PICIBI OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, ANY MERCHANDISE, INFORMATION, SERVICE, TRANSACTION OR MATERIALS PROVIDED OR DOWNLOADED THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, PICIBI'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. The aggregate liability for the Company to you for all claims arising from your use of the Site is limited to $100.
4. Equipment.
You shall be responsible for obtaining and maintaining all access services, routers switches or computer hardware and other equipment needed for access to and use of the Site and all charges related thereto.
5. Indemnification and Reservation of Rights.
You agree to indemnify, defend and hold harmless PICIBI, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by You or Your use and access of the Site.
PICIBI reserves the right to release current or past member or Web site user information if PICIBI believes that a member's account is being used to commit unlawful acts, if the information is subpoenaed or if PICIBI deems it necessary or appropriate.
6. Third Party Rights.
The provisions of paragraphs 3 (Use of the Site), and 5 (Indemnification) are for the benefit of PICIBI and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Site. Each of these inination.
Either party without notice may terminate this Agreement at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Media Submissions), 3 (Use of the Site), 5 (Indemnification), 6 (Third Party Rights) and 11 (Miscellaneous) shall survive any termination of this Agreement. PICIBI reserves the right to terminate this Agreement without notice if, in PICIBI's sole discretion, you fail to comply with any of the terms of this Agreement. Upon termination, you must destroy all materials obtained from the Site, copies, and related documentation.
8. Special Terms for International Use.
Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, or privacy. Specifically, you agree to comply with all applicable ld States export controls. No software or other goods from the Site may be downloaded or otherwise exported or re-exported (I) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any sofr liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
10. Links.
The Site may provide, or third parties may provide, links to non-PICIBI web sites or resources as a convenience to you ("Third-Party Sites"). Because PICIBI has no control over such sites and resources, you acknowledge and agree that PICIBI is not responsible for the availability of such Third-Party Sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materialng data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, "flooding", "mailbombing" or "crashing", or (d) sened and construed in accordance with the laws of the State of New Mexico, United States applicable to agreements made and to be performed in the State of New Mexico, United States. You agree that any legal action or proceeding between PICIBI and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in an arbitration proceeding conducted in accordance with the New Mexico Arbitration Act in the County of Santa Fe, State of New Mexico, United States and you hereby expressly consent to the exclusive personal jurisdiction of such a forum. This Agreement conith respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. PICIBI's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. PICIBI may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.