These terms have been updated 07/07/2005.
Main: The terms of service agreement outlines rights and responsibilities concerning the use of the Musiqtone website and the network of sites for Musiqtone. Terms of service will be different for all of our partners and contributors. Please consult their terms of service at their respective websites.
The site is the sole property of Musiqtone. By using this site, you agree to the terms of service but not limited to the statutes of federal, state, and municipal laws and disclaimer of warranties. If you do not agree to these terms, you do not have permission to use this site.
Musiqtone reserves the right to modify and add to the terms of service without prior warning to our users.
Content: Content on Musiqtone, text, pictures, graphics, sounds, music, videos, and source code are the property of Musiqtone and its partners/contributors. For information regading content from our partners/contributors, please refer to their individual terms of service. Site is owned and controlled by Musiqtone, and is protected by copyright, patent, and trademark laws and various intellectual property laws.
No portion of original content or otherwise on Musiqtone can be reproduced, copied, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed (including 'mirroring') in any way to a commercial enterprise, computer, web site, or any other medium for distrbution and/or publication without the express written consent of Musiqtone and its partners/contributors. Please refer to individual content terms for our partners/contributors.
However you may use original content in a non-commercial setting (personal non-commercial web site, other non-commercial mediums). Please observe all fair use laws when using content. Do not alter or change any part and use original content only for personal use.
Use of the site: You may not use any methods such as 'deep-link,' 'page-scrape', or any other automatic device to acquire, monitor, publish, and/or copy original content, partner/contributor content or otherwise. Musiqtone reserves the right to bar such activity.
You may not use the Guestbook, Blog, Forum for malicious activities, which is not limited to excessive promotion and spamming. Such activity will be investigated by the proper authorities and will be prosecuted to the highest level.
You may not attempt unauthorized access to any protected portion of the site, any sites/networks connected to Musiqtone or in the Forum by the use hacking or 'mining' services.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the site or any transaction being conducted on the site, or with any other person’s use of the site.
You may not use the site or any content for any purpose that is unlawful or prohibited by these Terms of Service or to solicit the performance of any illegal activity which infringes the rights of Musiqtone, our partners/contributors, or users of this site.
Third-party links: This site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Musiqtone's control, and Musiqtone is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Disclaimer: MUSIQTONE DOES NOT GUARANTEE THE SITE OR ANY CONTENT TO BE ERROR-FREE OR UNINTERRUPTED. THE SITE AND ITS CONTENT ARE PROVIDED ON AN 'AS-IS' BASIS. ALL INFORMATION ON THE SITE CAN CHANGE WITHOUT NOTICE. MUSIQTONE CANNOT ASSURE ANY MATERIAL YOU DOWNLOAD OR STREAM VIA AOL MUSIC OR MUSIQTONE WILL BE ERROR-FREE, DOWNLOAD COMPLETELY AND/OR BE FREE OF MALICIOUS FEATURES. MUSIQTONE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF
ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. MUSIQTONE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND
CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE
SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF
THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST MUSIQTONE FOR
DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY
SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE
PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, negligence or any other cause of action.
Musiqtone reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the site, or any portion of the site, for any reason; (2) to modify or change the Site, or any portion of the site, and any applicable policies or terms; and (3) to interrupt the operation of the site, or any portion of the site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability: N/A
Violation of Terms of Service: Musiqtone will disclose any information we have about you (including IP address and identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Musiqtone main site, or to identify, contact, or bring legal action against someone who maybe causing distress to or interference with (either intentionally or unintentionally) Musiqtone rights or property (including partners/contributors), or the rights or property of visitors to or users of the site, including forum users. Musiqtone reserves the right to disclose any information necessary as determined by law that requires such disclosure, including the exchange of information with other companies and organization for fraud protection purposes.
You acknowledge that Musiqtone will preserve any communication by you with Musiqtone through the site or any service (outside or otherwise) offered on the site and may also disclose such data if required to do so by law or Musiqtone determines
that such preservation or disclosure is reasonably necessary to (1) comply with
legal process, (2) enforce these Terms of Use, (3) respond to claims that any
such data violates the rights of others, or (4) protect the rights, property or
personal safety of Musiqtone, its employees, users of or visitors to the site, and
the public.
You agree that Musiqtone may, in its sole discretion and without prior notice, terminate your access to the site and/or block your future access to the site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Musiqtone and its partners/contributors, for which monetary damages would be inadequate, and you consent to Musiqtone obtaining any injunctive or equitable relief that Musiqtone deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Musiqtone may have at law.
You agree that Musiqtone may, in its sole discretion, terminate access to the site and its content, without prior notice for cause, which includes (but is not limited to) (1) requests by law enforcement or other
government agencies, (2) discontinuance or material modification of the site or any service offered on or through the site, or (3) unexpected technical issues or problems.
If Musiqtone does take any legal action against you as a result of your violation of these Terms of Use, Musiqtone will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action. You agree that Musiqtonew ill not be liable to you or to any third party for termination of your access to the site as a result of any violation of these Terms of Use.
Governing law; resolving of disputes: You agree that all matters relating to your access and/or use of the site, including all disputes will be governed by the laws of the United States, Canada, and Mexico and by the laws of the states of Illinois and Indiana, and by the municipal laws of the village of Hoffman Estates, IL, the City of Lafayette, IN, the City of West Lafayette, IN, and the by-laws of Purdue University-West Lafayette.
Void where prohibited: Musiqtone operates under the technical jurisdictions of the states of Illinois and Indiana and the municipalites, The Village of Hoffman Estates and the City of West Lafayette. The site is operated by Musiqtone in both states and is hosted by Sunnyvale, CA-based Yahoo! Small Business Services. Other Musiqtone sites are also hosted in Indianapolis and its partner/contributor sites are operated by their owners from various locations in and out of the United States. Although Musiqtone is accessible worldwide, not all features, products or
services discussed, referenced, provided or offered through or on the site are
available to all persons or in all geographic locations, or appropriate or
available for use outside the United States. Musiqtone reserves the right to limit, in its sole discretion, any content, product, , or feature to a specific geographic area. Any offer on the site and partner sites are void where prohibited. If you choose to access Musiqtone from outside the United States, you do so on
your own initiative and you are solely responsible for complying with applicable
local laws.
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