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Terms of Use
These terms and conditions govern the use of AuditionArt.com (the “Site” or “Web Site”) operated by AuditionArt, LLC. (“AA”). Please read these Terms of Use and the accompanying Privacy Policy carefully before using this Site. By using this Site or otherwise interacting with or accessing any AA services, you consent and agree to be legally bound by these terms and conditions. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THIS WEB SITE AND YOU SHOULD EXIT THE SITE IMMEDIATELY.
Use of Site
. By utilizing AA’s services provided at this Site, End User agrees not to modify the materials and software at this Site in any way or reproduce, reverse engineer or publicly display, perform, or distribute or otherwise use said services for any public or commercial purpose. The materials and software at this Site are copyrighted, trademarked and/or patented and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates, and you must immediately destroy any downloaded or printed materials.
End User Restrictions
. AA may only be used for lawful purposes. The transmissions, distributions, broadcasts, transfers or other exchange of material in violation of any local, State, or Federal law or regulation is strictly prohibited. The foregoing includes, without limitation, material protected by copyright, trademark, trade secret, patent or other intellectual property right used without proper authorization and material that is obscene, vulgar, defamatory, immoral, pornographic, pedophilic, or otherwise objectionable, constitutes an illegal threat, or a threat to national security or violates any export control laws. End User agrees to be solely responsible for all content, either visual, written, or audible, that is transmitted, distributed, broadcasted or otherwise transferred through the use of AA. You agree that you will not utilize AA to harass, libel, threaten, offend, or violate the intellectual property rights of any party or to otherwise criminally or civilly offend another under any applicable local, State, or Federal law.
End User shall not utilize AA’s services to send unsolicited e-mail messages or postings, including, without limitation, bulk commercial advertising or informational announcements (“Spam”). In addition, End User shall not use AA’s services to (i) disguise the true Internet Protocol address or identity of the End User; (ii) send e-mail messages or postings which are excessive and/or intended to harass or annoy others; (iii) continue to send e-mail messages or postings to a recipient who has indicated that he or she does not wish to receive same; (iv) sending e-mail messages or postings with a false header or misleading or forged header information; (v) sending e-mail messages or postings, including, without limitation, “mail bombings.”
Minors
. AA is not intended for use by anyone under the age of 18 without parental consent. By using AA, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, you represent and warrant that you have obtained parental consent to utilize and access AA.
User Chat Rooms
. AA may, but is not obligated to, monitor or review any area on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications ("Communications"). AA, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Any material, information or other communication you post to this Site will be considered non-confidential and non-proprietary.
Links To Other Websites
. Links to third party Web sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. AA has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, AA does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
Disclaimer
. The materials and services provided at this site are provided "as is" without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. AA further does not warrant the accuracy and completeness of the materials at this Site. AA may make changes to the materials at this Site, or to the products and prices described in them, at any time without notice. The materials at this Site may be out of date, and AA makes no commitment to update the materials at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. Consult AA for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Limitation of Liability
. IN NO EVENT WILL AA, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, INABILITY TO ACCESS, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, OR BROADCAST, TRANSMITTED, OR DISSEMINATED THROUGH AO’s SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
U.S. Government Restricted Rights
. Government users will receive no greater than Restricted Rights as defined in FAR 52.227-14, FAR 52.227-19(c)(1-2) (Jun 1987) or DFAR 252.227-7013(c)(1)(ii) (Oct 1988), DFAR 252.221-7015(c) (May 1991), DFAR 252.227-7014, or DFAR 252.227-7018 as applicable in any Software at this Site. Government users will secure no greater than limited rights as defined in FAR 52.227-14, DFAR 252.227-7015, DFAR 252.227-7018, or DFAR 252.227-7013 as applicable in any technical data at this Site.
Applicable Laws
. This Site is administered by AA from its offices in Connecticut. AA makes no representation that materials at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of Connecticut, without giving effect to any principles of conflicts of laws.
General
. AA may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
AA expressly reserves the right to terminate, without prior notice and without refund, any End User believed to be in violation of these Terms of Use.
Date: July 9, 2010
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