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MECHANISMRECORDS.COM TERMS OF
USE - Jan 1996-2005
This web site, including any subsite accessible through the homepage, (the "Site")
is published and maintained by subsidiaries, affiliates and/or related entities of
Mechanism Records. You can e-mail us at mail@mechanismrecords.com . Please note that when you enter any
subsite accessible through this homepage or the shopping page, such subsite may have
its own terms and conditions of use which is specific to such subsite. When you access,
browse or use this Site you accept, without limitation or qualification, the terms
and conditions set forth below and any additional terms and conditions of use set
forth in any subsite.
Your Right to Use the Site and Its Contents
This Site is only for your personal use. You may not distribute, exchange, modify,
sell or transmit anything you copy from this Site, including but not limited to any
text, images, audio and video, for any business, commercial or public purpose. As
long as you comply with the terms of these Terms and Conditions of Use, Mechanism
Records grants you a non-exclusive, non-transferable, limited right to enter, display
and use this Site. You agree not to interrupt or attempt to interrupt the operation
of this Site in any way.
Ownership
All materials on this Site, including but not limited to audio, images, software,
text and video clips (the "Content"), are protected by copyright under
italian copyright law, international conventions, and other copyright laws. You cannot
use the Content, except as specified herein. You agree to follow all instructions
on this Site limiting the way you may use the Content. There are a number of proprietary
logos, service marks and trademarks found on this Site. By making them available
on this Site, Mechanism Records is not granting you any license to utilize those
proprietary logos, service marks, or trademarks. Any unauthorized use of the Content
may violate copyright laws, trademark laws, the laws of privacy and publicity, and
civil and criminal statutes.
You may download one (1) copy only of the Content to be used only by you for your
personal use at home unless the subsite you are accessing states that you may not.
If you download any Content from this Site, you may not remove any copyright or trademark
notices or other notices that go with it.
Rules for Chatrooms, Bulletin Boards and Other User-Supplied Material
This Site may have an area which allows you to "chat" or upload and download
materials. When using any of these areas, you agree not to post, send, transmit,
upload or otherwise publish through this Site, any materials that (1) interfere with
anyone else's use of the Site; (2) are abusive, illegal, indecent, obscene, offensive
or threatening in any way; (3) encourage anyone to break the law; (4) violate anyone's
copyright or other property right; (5) interfere with the privacy of any other user;
(6) contain a virus or any other harmful component; or (7) contain false or misleading
statements of fact or descriptions of the origin of the material or the communication.
You agree to comply with any additional terms which are referred to on this Site
or any subsite within the Site.
Responsibility for User's Material
You are prohibited from posting or transmitting any defamatory, libelous, obscene,
pornographic, profane, threatening or unlawful material or any material that could
constitute or encourage conduct that would be considered a criminal offense or give
rise to civil liability, or otherwise violate any law. Although Mechanism Records
may from time to time monitor or review bulletin boards, chat rooms, discussions,
postings, transmissions and the like on the Site, Mechanism Records is under no obligation
to do so and assumes no liability or responsibility arising from the contents of
any such communications or for any defamation, error, inaccuracy, libel, obscenity
or profanity contained in any such communication. Mechanism Records may change, edit,
or remove any user material or conversations that are illegal, indecent, obscene
or offensive, or that violates Mechanism Records's policies in any way. Mechanism
Records will fully cooperate with any law enforcement authorities or court order
requesting or directing Mechanism Records to disclose the identity of anyone posting
such materials.
Mechanism Records's Rights to User's Material
If you send any communications or materials to the Site by electronic mail or otherwise,
including any comments, data, questions, suggestions or the like, all such communications
are, and will be treated as, non-confidential and non-proprietary. Thus, you give
up any claim that any use of such material violates any of your rights including
moral rights, privacy rights, proprietary or other property rights, publicity rights,
rights to credit for material or ideas, or any other right, including the right to
approve the way Mechanism Records uses such material.
Any material submitted to this Site may be adapted, broadcast, changed, copied, disclosed,
licensed, performed, posted, published, sold, transmitted or used by Mechanism Records
anywhere in the world, in any medium, forever. Furthermore, Mechanism Records is
free to use, without any compensation to you, any concepts, ideas, know-how or techniques
contained in any communication you send to the Site for any purpose whatsoever, including
but not limited to developing, manufacturing and marketing products using such information.
However, you agree and understand that Mechanism Records is not obligated to use
any such ideas or materials and you have no rights to compel such use.
Transmitted Material
Internet transmissions are never completely private or secure. You understand that
any message or information you send to this Site may be read or intercepted by others
unless there is a special notice that a particular message (for example, credit card
information) is encrypted (send in code). Sending a message to Mechanism Records
does not cause Mechanism Records to have any special responsibility to you.
Links
This Site may contain links to other Internet sites on the World Wide Web.
Mechanism Records provides such links for your convenience only, and is not responsible
for the content of any site linked to or from this Site. Links from this Site to
any other site do not mean that Mechanism Records approves of, endorses or recommends
that site. Mechanism Records disclaims all warranties, express or implied, as to
the accuracy, legality, reliability or validity of any content on any other site.
Contests
This Site may contain contests that require you to send in material or information
about yourself or offer prizes. Each contest has its own rules, which you must read
and agree to before you may enter.
Rules for Kids (Under Age 16)
If you are under 16, you should ask your parents or a guardian before you:
* E-mail the Site, or ask us to e-mail anything to you;
* Send in any information;
* Enter any contest or game that requires information about you or offers a prize;
* Join any club or group;
* Post any information on any bulletin board or enter any chat room; or
* Buy anything online.
Availability of Products and Services
The products and services displayed on the Site may not be available for purchase
in your particular country or locality. The reference to such products and services
on the Site does not imply or warrant that these products or services will be available
at any time in your particular location. You should check with your local Mechanism
Records authorized representative for the availability of specific products and services
in your area.
Mechanism Records's Right to Change These Terms and Conditions of Use or Content
on the Site
Mechanism Recordse may add to, change or remove any part of these Terms and Conditions
of Use at any time, without notice. Any changes to these Terms and Conditions of
Use or any terms posted on this Site apply as soon as they are posted. By continuing
to use this Site after any changes are posted, you are indicating your acceptance
of those changes. Mechanism Records may add, change, discontinue, remove or suspend
any other Content posted on this Site, including features and specifications of products
described or depicted on the Site, temporarily or permanently, at any time, without
notice and without liability.
Indemnification
You agree to indemnify, defend and hold Mechanism Records and all of its agents,
directors, employees, information providers, licensors and licensees, officers and
parent, (collectively, "Indemnified Parties") harmless from and against
any and all liability and costs (including, without limitation, attorneys' fees and
costs), incurred by the Indemnified Parties in connection with any claim arising
out of any breach by you of these Terms and Conditions of Use or the foregoing representations,
warranties and covenants. You will cooperate as fully as reasonably required in Mechanism
Records's defense of any claim. Mechanism Records reserves the right, at its own
expense, to assume the exclusive defense and control of any matter otherwise subject
to indemnification by you and you shall not in any event settle any matter without
the written consent of Mechanism Records.
Disclaimer of Warranties and Damages; Limitation of Liability
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND FUNCTIONS
MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED "AS IS." TO
THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THIS SITE, MECHANISM
RECORDS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE
ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF
ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE, (2) THAT THE SERVER THAT
MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT,
HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS,
BROWSE, DOWNLOAD FROM OR OTHERWISE USE THE SITE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO MECHANISM RECORDS'S NEGLIGENCE,
SHALL MECHANISM RECORDS BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT,
PUNITIVE OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE OR
(C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THIS SITE, EVEN IF MECHANISM
RECORDS OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL
OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL MECHANISM RECORDS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES
AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE OR OTHERWISE), EXCEED $100.00.
General Provisions
These Terms and Conditions of Use and any additional terms posted on this Site together
constitute the entire agreement between Mechanism Records and you with respect to
your use of this Site. Any cause of action you may have with respect to your use
of this Site must be commenced within (1) year after the claim or cause of action
arises. If for any reason a court of competent jurisdiction finds any provision of
these Terms and Conditions of Use, or portion thereof, to be unenforceable, that
provision shall be enforced to the maximum extent permissible so as to effect the
intent of this agreement, and the remainder of these Terms and Conditions of Use
shall continue in full force and effect. These Terms and Conditions of Use shall
be governed by and construed in accordance with the laws of the European Community,
without reference to its conflicts of law rules.
Privacy Policy
This web site, including any subsite accessible through the homepage, (the "Site")
is published and maintained by subsidiaries, affiliates and/or related entities of
Mechanism Records . You can e-mail us at mail@mechanismrecords.com . When you enter any subsite accessible
through this homepage, such subsite may have its own privacy policy, which is specific
to such subsite. When you access, browse or use this Site you accept, without limitation
or qualification, the terms and conditions of any privacy policies set forth in any
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