Terms and Conditions of Use
Please read these terms and conditions carefully before using this website. The use of this Website ("Site") is subject to the following Terms and Conditions of Use:
This Site is provided by J.S. Paluch Company and may be used for informational purposes only. By using the Site or downloading materials from the Site, you agree to abide by the terms and conditions set forth in this notice. If you do not agree to abide by these terms and conditions, do not use the Site or download materials from the Site.
1. Limited License
Subject to the terms and conditions set forth in this agreement ("Agreement"), J.S. Paluch Company ("PALUCH") grants you a non-exclusive, non-transferable, limited right to access, use, cache, and display this Site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. PALUCH authorizes you to view and download the information ("Materials") at this Site only for your personal, non-commercial use. This authorization is not a transfer of title in the Materials or copies of the Materials and is subject to the following restrictions: 1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; 2) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use the Materials for any public or commercial purpose; 3) you may not use any images or text in any fashion, including, but not limited to, use on other websites; and 4) you shall not transfer the Materials to any other person unless you give such person notice of, and such person agrees to accept, the obligations arising under these Terms and Conditions of Use. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. This Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. In addition, the trademarks, logos, and service marks displayed on this site (collectively, the "Trademarks") are registered and/or common law tTrademarks of PALUCH, its affiliates, and various third parties. Except as expressly provided herein, PALUCH does not grant any express or implied right to you under any patents, trademarks, copyrights, or trade secret information.
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. PALUCH DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR RELIABILITY OF ANY OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH INFORMATION SHALL BE AT YOUR SOLE RISK. PALUCH RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. PALUCH MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE. THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
3. Third Party Sites
As a convenience to you, PALUCH may provide, on this Site, links to Web sites operated by other entities. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. PALUCH makes no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that PALUCH or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of PALUCH or any of its affiliates or subsidiaries. Similarly, links do not imply sponsorship or endorsement by the linked Web sites.
4. Information Provided By You
You should not send any confidential information to PALUCH via the Site. Subject to our Guidelines for Music Submissions, you agree that any information or materials that you or individuals acting on your behalf provide to PALUCH will not be considered confidential or proprietary. By providing any such information or materials to PALUCH, you grant to PALUCH an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that PALUCH is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to PALUCH. PALUCH directs that you do not, and you warrant that you shall not, provide any information or materials to PALUCH that are defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.
5. Limitations of Damages
PALUCH ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY CONTENT, DATA, TEXT, IMAGES, VIDEO, AUDIO OR OTHER MATERIAL FROM THE SITE. IN NO EVENT SHALL PALUCH OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY OR (III) THE PERFORMANCE OR NON PERFORMANCE BY PALUCH OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
You shall defend and indemnify PALUCH and its officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by third parties as a result of your use of this Site.
You are solely responsible for maintaining the security of your password for any restricted areas of the Site. Do not share your password with anyone. You agree to notify PALUCH immediately upon determining that your password has been lost, stolen or compromised in any way.
PALUCH reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when notice of such change is posted. Your continued use of the Site after any changes to this Agreement are posted will be considered acceptance of those changes. PALUCH may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. PALUCH may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. PALUCH may terminate the authorization, rights, and license given above and, upon such termination, you shall immediately destroy all Materials.
10. International Users and Choice of Law