| TERMS OF USE These terms and conditions apply to the website identified as www.affinacord.com (herein referred to as Affinacord) and all associated web pages, including, without limitation, the homepage, photo pages, audio pages, and all other pages within this domain name, and all content thereon, (collectively, the “Site”). The Site is offered to you premised on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this Site serves as your agreement to all such terms, conditions, and notices. If you do not accept these terms and conditions do not use the Site or download any materials from this Site. Affinacord reserves the right to modify or amend these terms and conditions at any time without notice to you, by posting such changes on the Site. You are responsible for regularly reviewing these terms and conditions as posted on this Site. Your continued use of this Site constitutes your agreement to all such terms and conditions, amended or otherwise. PERSONAL INFORMATION (PRIVACY AGREEMENT) Personal information is information that can be used to identify or contact you. Affinacord will not collect personal information unless you voluntarily offer or email such information. In some cases, Affinacord may request and collect certain personally identifiable information such as your name, address, phone number, and/or email address through various means, such as newsletter registration, survey participation, and/or information gathering for on-line merchandise purchases. The information collected for these purposes will not be sold, rented, traded, or otherwise disclosed to anyone outside of Affinacord. We will, on occasion, use this collected information to communicate directly with you about featured artists, tour information, and new music releases. OWNERSHIP AND INTELLECTUAL PROPERTY Except as otherwise indicated, the Site and its entire contents (collectively, the “Materials”), including, but not limited to, the text; graphics; sound recordings and performances; and, photos, logos, and any service marks are the property of Affinacord. The Materials are protected by copyright, trademark, and other intellectual property laws and treaties. INDEMNITY You agree to defend, indemnify and hold Affinacord, its directors, officers, employees, agents, artists, and affiliates harmless from any and all claims, liabilities, costs, and expenses, including attorneys' fees, arising in any way from your use of the Site. DISCLAIMER OF WARRANTIES THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, INFORMATION, GRAPHICS, FUNCTIONS, AND MATERIALS IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS; ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT; AND, ANY WARRANTIES OF TITLE OR NON-INFRINGEMENT. AFFINACORD DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES, OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE; THAT THE CONTENT WILL BE CORRECT, ACCURATE, OR RELIABLE; OR, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT DEFECTS WILL BE CORRECTED. AFFINACORD MAKES NO WARRANTY THAT THE SITE WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AFFINACORD OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU FIND THIS SITE UNSATISFACTORY, DISCONTINUING USE OF THIS SITE SHOULD PROVE AN EFFECTIVE REMEDY. LIMITATION OF LIABILITY BY VISITING THIS SITE, YOU ACKNOWLEDGE AND AGREE THAT YOUR USE IS AT YOUR OWN RISK AND THAT UNDER NO CIRCUMSTANCES SHALL AFFINACORD, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ARTISTS, AFFILIATES, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS, AND FUNCTIONS RELATED THERETO, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATIONAL TRANSMISSION, COMPUTER VIRUSES, OR LINE FAILURE INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF AFFINACORD OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AFFINACORD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL AFFINACORD BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED, OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. |
