October 5, 2013, 12:15 AM
These Terms and Conditions were last revised and are effective as of October 4, 2013.
ALFIOmusic.com Terms and Conditions
Our Website includes all web pages within our Website and also includes backup, mirror, replacement or substitute websites or web pages we make available as part of the services we provide. We will refer to each and every feature, function, service, activity, promotion and content on our Website, individually and/or collectively as “Content” and when we use the term “Website” it also includes Content, unless we specifically say otherwise.
We will refer to users of our Website, our features, functions and services individually and/or collectively as “users”, “you” or “your” to make reading these materials easier. When you see the word “use” or “using,” we mean any time you, directly or indirectly, with or without the help of any device, attempt to or actually do access, interact, display, view, browse, print or copy, transmit, receive or exchange data, messages, content or you otherwise communicate with us or anyone else, including another user, advertiser or any person, firm or business you may encounter. We will also consider you to be using our Website if you utilize, benefit, take advantage of or interact with any feature, function, service, activity, promotion or content in, on or available through our Website, for any purpose, or if you try to do any of these things.
Terms and Website Changes
We reserve the right to add to, delete or modify our Terms as well as all or part of our Website at any time and from time to time by updating or revising this posting and such revisions shall take effect as of the date of posting. If you use our Website after the changes become effective, you are agreeing to be bound by the changes. We encourage you to check back here frequently so you remain aware of the current Terms that apply to you.
Ownership and Use of Website and Content
Our Website and, except as described below, all Content, is either our property or that of our affiliates, licensors, suppliers, operational service providers, advertisers, agencies or promotional partners (collectively, “Rihanna Entities”), and are legally protected, without limitation, under U.S. federal and state laws and regulations, as well as applicable foreign laws, regulations and treaties. To avoid any doubt, when the word “Content” is used it includes, but isn’t limited to, such things as software, code, design, text, images, photographs, illustrations, animations, audio, video and audio-visual material, art, graphic material, proprietary information, data, databases, service marks, trademarks, trade names, distinctive identification such as logos, the selection, sequence, “look and feel” and arrangement of items and all copyrightable or otherwise legally protectable elements of our Website.
You keep ownership to any and all Content that is yours and if you submit or provide Content to us, our Terms do not deprive you or any holder of your or their rights. However, when you do submit or provide Content to us, unless we indicate otherwise, you are giving us and the Rihanna Entities an unconditional, irrevocable, transferable, royalty free worldwide license to use, display, reproduce, perform, adapt, translate, modify, create derivative works, publish, distribute, disseminate and/or broadcast that Content (“license”) and you are representing and warranting to us you have the right to give us and the Rihanna Entities such license. If you do not have the right to license your Content as set forth in these Terms (or if you are not sure), do not submit or provide us Content.
You may only use our Content for your own personal use and you have no right to transfer, assign or use the Content for any other purpose or allow or enable anyone else to do so. Personal use means nothing commercial or even charitable, whether or not money or other compensation or consideration is involved and whether or not it is for your benefit or for someone else. This also means you are not allowed to use, display, reproduce, perform, adapt, translate, modify, create derivative works, publish, distribute, disseminate and/or broadcast Content that is not yours without our express prior written consent. You may not alter, delete or conceal copyright or other notices, even if we let you download, display, print or share the Content with others. Unauthorized or prohibited use of Content may subject you to civil liability, criminal prosecution, or both under federal, state and local laws. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or other intellectual property right.
Right to Terminate
In addition to any other rights and remedies we may have under our Terms, we have the right to: (a) refuse service, remove or edit content, discontinue, suspend or terminate your use of our Website and/or services at any time, in our sole discretion, including any time we determine, in our sole judgment, that you or your use of our Website may violate our Terms; and (b) use any technological, legal, operational or other means available to enforce our Terms.
Links to Other Websites and Transactions with Other Organizations
If you choose to correspond or engage in transactions with any other person, organization or business found on or through our Website, you acknowledge and agree that we are not a party to, and will not be responsible for, your interaction with such person, organization or business, including its treatment of your information and the terms and conditions applicable to any transaction between you and such third party. You agree that we have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such person, organizations or businesses on this Website.
Terms of Sale
Our Site may permit you to make purchases of products or tickets through Third Party Websites. The terms associated with your transactions for these services and or products are subject to the terms and conditions and privacy policies of the Third Party Websites. If you have problems or questions regarding a transaction, please contact the Third Party Website directly.
Limitation of Liability
OUR WEBSITE AND ALL CONTENT IS MADE AVAILABLE “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE OUR WEBSITE OR CONTENT WILL BE AVAILABLE FOR USE OR THAT ALL CONTENT WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR THAT ANY WEBSITE OR CONTENT IS ACCURATE, COMPLETE OR ERROR FREE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR EQUIPMENT, PROGRAMS AND INFORMATION AND BY USING OUR WEBSITE OR CONTENT, YOU ARE ASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH THAT USE.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES AND RESPECTIVE SUCCESSORS AND ASSIGNS DISCLAIM LIABILITY FOR ANY AND ALL LOSS, DAMAGE, COST AND EXPENSE OF ANY KIND, DIRECT AND INDIRECT, IN CONNECTION WITH OR ARISING FROM OUR WEBSITE, CONTENT, THESE TERMS AND CONDITIONS AND/OR YOUR OR ANYONE ELSE’S USE OF THESE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF THE CLAIM, WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF ANY LIMITATION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS PERMITTED.
SOME STATE LAWS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
You shall defend us against any demands, claims or actions brought against us or arising as a result of any breach or violation of these Terms and Conditions by you (each, a “Claim”) and you shall indemnify and hold us harmless from and against any and all losses, damages, costs and expenses (including attorneys’ fees) resulting from any such Claim. We have the right, at our expense, to assume exclusive defense against any Claim and all negotiations for settlement and you agree to cooperate with us in the defense of any such Claim, at our request.
Choice of Law
These Terms and Conditions shall be construed and enforced under the laws of the State of New York applicable to parties resident in and contracts made, executed and wholly performed within the State of New York. You specifically agree and submit to the jurisdiction of the State and Federal Courts situated in the State, City and County of New York and you will not object to jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. The Uniform Computer Information Transactions Act does not apply to our Terms and Conditions. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION UNDER THIS AGREEMENT, YOUR USE OF THE WEBSITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
Our Terms can only be modified by us as described above or by mutual written agreement, signed by an authorized representative of ours. The illegality, invalidity or unenforceability of any term or condition is severable and shall not affect the rest of our Terms and any unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible. Headings are purely for reference and shall not affect the meaning of any term or condition. Any provision which must survive to allow us to enforce its meaning shall survive termination; however, no claim or action relating in any way to our Terms, Website, and Content or otherwise with respect to their subject matter, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause of action arose).
If you have any questions about our Terms, please contact us at: email@example.com or [One Voice Entertainment, PO Box 1392, Parramatta, N.S.W. 2124, AUSTRALIA].
Copyright © 2013 One Voice Entertainment.
All Rights Reserved.