The The Beatles Songs Web Site (the "Site")
is an online information service provided by The Beatles ("The Beatles
Songs "), subject to your compliance with the terms and conditions set
forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE
SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND
CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. The Beatles Songs MAY MODIFY
THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE
IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO
REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR
CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE
OF THE MODIFIED AGREEMENT.
1. Copyright,
Licenses and Idea Submissions.
The entire contents of the Site are protected by
international copyright and trademark laws. The owner of the copyrights and
trademarks are The Beatles Songs, its affiliates or other third party
licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST,
TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING
TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of
material from the different areas of the Site solely for your own
non-commercial use provided that you agree not to change or delete any
copyright or proprietary notices from the materials. You agree to grant to The
Beatles Songs a non-exclusive, royalty-free, worldwide, perpetual license, with
the right to sub-license, to reproduce, distribute, transmit, create derivative
works of, publicly display and publicly perform any materials and other
information (including, without limitation, ideas contained therein for new or
improved products and services) you submit to any public areas of the Site
(such as bulletin boards, forums and newsgroups) or by e-mail to The Beatles
Songs by all means and in any media now known or hereafter developed. You also
grant to The Beatles Songs the right to use your name in connection with the
submitted materials and other information as well as in connection with all
advertising, marketing and promotional material related thereto. You agree that
you shall have no recourse against The Beatles Songs for any alleged or actual
infringement or misappropriation of any proprietary right in your
communications to The Beatles Songs.
TRADEMARKS.
Publications, products, content or services
referenced herein or on the Site are the exclusive trademarks or servicemarks
of The Beatles Songs. Other product and company names mentioned in the Site may
be the trademarks of their respective owners.
2. Use of the
Site.
You understand that, except for information, products
or services clearly identified as being supplied by The Beatles Songs, The
Beatles Songsdoes not operate, control or endorse any information, products or
services on the Internet in any way. Except for The Beatles Songs- identified
information, products or services, all information, products and services
offered through the Site or on the Internet generally are offered by third
parties, that are not affiliated with The Beatles Songs a. You also understand
that The Beatles Songs cannot and does not guarantee or warrant that files
available for downloading through the Site will be free of infection or
viruses, worms, Trojan horses or other code that manifest contaminating or
destructive properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements for accuracy
of data input and output, and for maintaining a means external to the Site for
the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE
OF THE SITE AND THE INTERNET. The Beatles Songs PROVIDES THE SITE AND RELATED
INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION
WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE
SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR
ON THE INTERNET GENERALLY, AND The Beatles Songs SHALL NOT BE LIABLE FOR ANY
COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION.
IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND
USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION
PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. The Beatles Songs
DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT
DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE
INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY
BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. The Beatles
Songs HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH
MATERIALS.
LIMITATION OF
LIABILITY
IN NO EVENT WILL The Beatles Songs BE LIABLE FOR (I)
ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR
INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR
DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN
IF The Beatles Songs OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS,
OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION
DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, The Beatles Songs LIABILITY IS
LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
The Beatles Songs makes no representations whatsoever
about any other web site which you may access through this one or which may
link to this Site. When you access a non-The Beatles Songs web site, please
understand that it is independent from The Beatles Songs, and that The Beatles
Songs has no control over the content on that web site. In addition, a link to
a The Beatles Songs web site does not mean that The Beatles Songs endorses or
accepts any responsibility for the content, or the use, of such web site.
3.
Indemnification.
You agree to indemnify, defend and hold harmless The
Beatles Songs, its officers, directors, employees, agents, licensors, suppliers
and any third party information providers to the Service from and against all
losses, expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation of this Agreement (including negligent or wrongful
conduct) by you or any other person accessing the Service.
4. Third Party
Rights.
The provisions of paragraphs 2 (Use of the Service),
and 3 (Indemnification) are for the benefit of The Beatles Songs and its
officers, directors, employees, agents, licensors, suppliers, and any third
party information providers to the Service. Each of these individuals or
entities shall have the right to assert and enforce those provisions directly
against you on its own behalf.
5.Term;
Termination.
This Agreement may be terminated by either party
without notice at any time for any reason. The provisions of paragraphs 1
(Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3
(Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive
any termination of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed in
accordance with the laws of Indonesia applicable to agreements made and to be
performed in Indonesia. You agree that any legal action or proceeding between
The Beatles Songs and you for any purpose concerning this Agreement or the
parties' obligations hereunder shall be brought exclusively in a federal or state
court of competent jurisdiction sitting in Indonesia . Any cause of action or
claim you may have with respect to the Service must be commenced within one (1)
year after the claim or cause of action arises or such claim or cause of action
is barred. The Beatles Songs's failure to insist upon or enforce strict
performance of any provision of this Agreement shall not be construed as a
waiver of any provision or right. Neither the course of conduct between the
parties nor trade practice shall act to modify any provision of this Agreement.
The Beatles Songs may assign its rights and duties under this Agreement to any
party at any time without notice to you.
Any rights not
expressly granted herein are reserved.