| COPYRIGHT AND TERMS OF USE <BACK TO HOMEPAGE Ownership of Site; Agreement to Terms of Use <BACK TO ART SHOW This site is owned by M&D Media (hereinafter, "Company"). These Terms and Conditions of Use (the “Terms of Use”) apply to the Company web site located at www.dollyrappaport.com. (“Site”). The Site is the property of Company and its affiliates. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Company grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. Restrictions on the Use Of Materials All text, graphics, user interfaces, visual interfaces, Company trademarks and logos, , sounds, music, Company owned artwork (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Company, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use or within the Site itself, no part of the Site and no Company owned or licensed Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Company’s express prior written consent. Modifications or use of the Company owned or licensed Content for any commercial purpose is a violation of copyright, trademark and other proprietary (including intellectual property) rights (collectively "Rights"). You may use information on Company (such as data sheets, knowledge based articles, music and similar materials purposely made available by Company for downloading from the Site, (“Information”) provided that you (1) not remove any proprietary notice language in all copies of such Information, (2) use such Information only for your personal, non-commercial informational purpose and do not copy or post such Information on any networked computer or broadcast it in any media, (3) make no modifications to any such Information , and (4) not make any additional representations or warranties relating to such Information; unless otherwise expressly allowed within these Terms of Use or elsewhere on the Site These Rights are valid and protected in all media now existing or later developed, and except as specifically provided in these terms. Company may, at its own behest and subject to its own limitations, make available musical compositions in digitized format for the casual, private and personal listening pleasure of the user This dissemination of music does not bestow upon the end user any additional rights in and to the music or the underlying compositions in any way. The end user is allowed only to listen to the music through his or her computer while on-line: no copying, duplicating, burning onto CD, transmitting, downloading, uploading, or otherwise is allowed, unless otherwise specifically allowed within the Site. Any violations of these restrictions will be prosecuted to the fullest extent of the law. Your Use of the Site You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Information, in order to obtain or attempt to obtain any Information through any means not purposely made available through the Site. Company reserves the right to bar any such activity. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Company’s systems or networks, or any systems or networks connected to the Site or to Company. 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 Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Company or others. Limitation of Liability Under no circumstances, including, but not limited to, negligence, shall Company be liable for any special or consequential damages that result from the use of, or the inability to use, the Information in this site, even if the Company, or a prior authorized representative of the Company, has been advised of the possibility of such damages. The Company will not be liable for any damages of any kind, including consequential or incidental damages, arising from the installation, submission, maintenance, transmission, modification, copying, distribution or any use of any Information. Applicable laws may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall the Company’ s total liability to you for all damages, losses, and causes of action (whether in contract, or including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this site. Disclaimer NO REPRESENTATIONS OR WARRANTIES ARE MADE REGARDING THE OPERATIONS OF THIS WEBSITE. IN PARTICULAR, THE COMPANY’S DISCLAIMER OF ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT THE COMPANY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THESE RULES REPRESENT THE ENTIRE AGREEMENT BETWEEN YOU AND THE COMPANY AND MAY NOT BE MODIFIED EXCEPT BY A SIGNED WRITTEN AGREEMENT. Remedies You agree that any unauthorized use of the Service, the Tracks, the Materials, the Client or any related Content would result in irreparable injury to Company and/or its affiliates or licensors for which money damages would be inadequate, and in such event Company, its affiliates and/or licensors, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this Agreement shall be construed to limit remedies available pursuant to statutory or other claims that Company, its affiliates and/or licensors may have under separate legal authority. <BACK TO HOMEPAGE |
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