IIntroduction
By accessing the Black Star Records, Inc. website (the "Site"),
you agree that you will be bound by the terms and conditions
set forth herein. We reserve the right to change the terms and
conditions of this Agreement, from time to time. By using the
Site after we make such changes, you agree to be bound by the
new terms and conditions. We will also from time to time, change
the content of the Site. Some of the pages of the Site contain
their own terms and conditions that may by their terms supersede
the terms and conditions of this Agreement.
Copyright
Copyright © Black Star Records, Inc. All rights reserved.
This site has been published since 2004 and is continuously
updated and revised. Except as specifically permitted herein,
you may not reproduce any portion of the Materials (as defined
below) posted on this Site without prior written permission
from Black Star Records. This prohibition includes, but is not
limited to editorial and pictorial content.
Trademarks
All pages on this Site, including the abbreviation for Black
Star Records, Inc., ("BSR"), BSR's stylized abbreviation,
logo, splash screen and all page headers, custom graphics and
button icons are service marks, trademarks, and/or trade dress
(collectively, "Marks") of Black Star Records or other
third parties. Black Star Record's owned or administered Marks
include, but are not limited to BSR, blackstarrecords com, Black
Star Records, Inc. You may not use the Marks without Black Star
Record's prior written consent, or the consent of the third
parties that may own the Marks.
General Use Parameters and Restrictions
All materials contained in the Site (the "Material"
or "Materials"), which include, among other things,
images, illustrations, designs, icons, photographs, audio clips,
video clips, articles, documents, products, software, services
and written and other materials that are part of this Site,
are the copyrighted or trademarked property of Black Star Records
or its affiliates. All trademarks, service marks, and trade
names are proprietary to Black Star Records, its affiliates
and/or partners. You may not copy, reproduce, republish, upload,
post, transmit or distribute the Materials in any way without
Black Star Record's prior express written permission. You may
not "mirror" any Material contained on this Site on
any other server. You may not use any of the Materials on any
other Web site or networked computer environment for any purpose.
Nothing on this Site shall be construed as conferring any license
under any of Black Star Record's or any third party's intellectual
property rights. You acknowledge sole responsibility for obtaining
any such licenses. You may display, copy, distribute or download
the Materials on this Site provided that ALL of the following
conditions are met: (1) both the copyright notice which appears
on this Site and this permission notice appear in the Materials,
(2) the use of such Materials is solely for personal, noncommercial
and informational use and will not be copied or posted on the
Internet, or any other network computer or broadcast in any
media, and (3) no modifications of any of the Materials are
made. You are prohibited from copying or imitating, in whole
or in part, the design or layout of this Site or elements protected
by trade dress that are protected by United States and International
law and other intellectual property rights. Any unauthorized
use of any Materials contained on this Site may violate copyright,
trademark, or other laws. Such violations may result in severe
civil and criminal penalties against you. Black Star Records
will prosecute violators to the maximum extent possible.
Photographs
The Site contains photographs of Black Star Records personnel
and others. However, if your photo appears on the Site and you
wish to have it removed for any reason, please send such requests
to info@blackstarrecords.com.
Disclaimer
Black Star Records makes no representations or warranties of
any kind, whether express or implied, regarding this Site or
its contents. Black Star Records expressly disclaims any such
representations and warranties, including, but not limited to
those relating to merchantability and fitness for a particular
purpose. Moreover, Black Star Records does not represent or
warrant that any Materials which you may access at or through
the Site are current, accurate or complete. The Site and all
of its contents are provided on an "as is" basis only.
Black Star Records may change information relating to pricing
and availability without notice. You agree that you will use
the Site and any Materials available at or through the Site
solely at your own risk. You also agree that you are solely
responsible for all costs associated with any servicing or repairs
of any equipment you use, including your computer, as part of
your use of the Site and that Black Star Records will not in
any way be liable to you for damages of any kind which relate
to your use of the Site. You also agree to waive any and all
claims of any kind or nature against Black Star Records, its
officers, employees, affiliates or licensees, with respect to
your use of this Site or any of the information or Materials
available at the Site. Black Star Records has not authenticated
in any way any Materials which have been supplied by parties
other than Black Star Records. Black Star Records does not furnish,
sell, license or lease any Materials except those specifically
identified as being provided by Black Star Records. Black Star
Records may be required to report to and cooperate fully with
law enforcement authorities or comply with court orders which
request or direct Black Star Records to disclose the identity
of anyone who submits Materials which may be threatening or
libelous or which violates any law. Our Site may be accessed
from other countries around the world and may contain references
to Black Star Records licenses, services, programs or products
which are not available in your country. Any reference to these
services, programs are products does not indicate that Black
Star Records intends to implement any of them in your country.
Limitation of Liability & Indemnity
Neither Black Star Records, nor blackstarrecords.com, nor any
of its officers, directors, employees, affiliates or any of
its other representatives will be liable for damages arising
out of or in connection with your use of or the inability to
use this Site. This is an all-encompassing limitation of our
liability that applies to all damages of any kind, including
but not limited to, damages that are compensatory, direct, indirect
or consequential, loss of profit, income or data, damage to
property and claims by any other persons or entities. You agree
to defend, indemnify and hold harmless, Black Star Records,
its officers, directors, employees, agents, distributors and
its affiliates from and against any and all third-party claims,
demands, liabilities, costs, or expenses, including reasonable
attorney's fees, resulting from or related to your use of the
Site or your breach of any of the agreements, representations
or warranties you have made to or with Black Star Records.
Links to Third-Party Sites
Our Site contains links to other web sites which are not under
Black Star Record's control Black Star Records makes no representations
of any kind regarding the content of such sites and you agree
to irrevocably waive any claim against Black Star Records with
respect to such sites. You agree that anytime you access a different
web site through Black Star Record's Site, you do so at your
own risk. Black Star Records is not responsible for the accuracy
or reliability of any information or Materials contained on
non- Black Star Records web sites you access through our Site.
Black Star Records allows links to other web sites merely as
a convenience to you. Any comments regarding any of these other
web sites, including the Materials and resources contained on
them, should be directed to the entity whose web site contains
these Materials or resources. However, Black Star Record's webmaster
would like to be copied on any complaint addressed to any of
these non- Black Star Records sites. The presence of a link
between any web site and this Site does not constitute a waiver
of any right Black Star Records may have to license such site
for the non-dramatic public performance of musical works in
Black Star Record's repertoire.
No Endorsements
The appearance of or reference to any information, Materials
or other content on, or linked to, from this Site does not constitute
an endorsement, express or implied of any products or services
provided by entities other than Black Star Records.
Termination
This Agreement is effective unless and until terminated by either
you or Black Star Records. You may terminate this Agreement
at any time. Your access to this Site may be terminated immediately,
without notice from us, if in our sole discretion you fail to
comply with any term or provision of this Agreement. Upon any
termination of this Agreement by either you or Black Star Records,
you agree that you will cease use of the Site immediately and
destroy all Materials obtained from the Site and all copies
thereof, whether made under the terms of this Agreement or otherwise.
Use Of Information
We may use the information you provide about yourself to fulfill
your requests for our products, programs, and services, to respond
to your inquiries about our offerings, and to offer you other
products, programs or services that we believe may be of interest
to you. We sometimes use this information to communicate with
you, such as to notify you when you have won one of our contests
or when we make changes to our subscriber agreements, to fulfill
a request by you for an online newsletter, or to contact you
about your account with us. We use the information that you
provide about others to enable us to send them your gifts or
cards. From time to time, we also may use this information to
offer our products, programs, or services to them. The information
we collect in connection with our online forums and communities
is used to provide an interactive experience. We use this information
to facilitate participation in these online forums and communities
and, from time to time, to offer you products, programs, or
services. We sometimes use the non-personally identifiable information
that we collect to improve the design and content of our site
and to enable us to personalize your Internet experience. We
also may use this information in the aggregate to analyze site
usage, as well as to offer you products, programs, or services.
We will disclose information we maintain when required to do
so by law, for example, in response to a court order or a subpoena.
We also may disclose such information in response to a law enforcement
agency's request. Agents and contractors of Black Star Records
who have access to personally identifiable information are required
to protect this information in a manner that is consistent with
this Privacy Notice by, for example, not using the information
for any purpose other than to carry out the services they are
performing for lack Star Records. Although we take appropriate
measures to safeguard against unauthorized disclosures of information,
we cannot assure you that personally identifiable information
that we collect will never be disclosed in a manner that is
inconsistent with this Privacy Notice. Inadvertent disclosures
may result, for example, when third parties misrepresent their
identities in asking the site for access to personally identifiable
information about themselves for purposes of correcting possible
factual errors in the data.
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