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Legal Policies and Notices
You hereby agree to indemnify, defend and hold Mad Music,
and all of our officers, directors, owners, agents, information providers, affiliates
and licensors (collectively, the "Mad Music Archive Parties") harmless from and
against any and all liability, losses, costs and expenses (including attorneys'
fees) incurred by any Party in connection with any claim arising out of (1)
any use or alleged use of your account or password by any person, whether or not
authorized by you, (2) any claim arising out of the material that you submit to
the Service, including, but not limited to, claims for defamation, violation of
rights of publicity and/or privacy, copyright infringement, trademark infringement
and any claim or liability relating to the content, quality, or performance of materials that you submit to the Service. We reserve the right, at our
own expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, and in such case, you agree to cooperate with
our defense of such claim.
The listing, or absence of listing, of any document in the Service's
database does not imply any warranty or guarantee by us, for any companies, products,
or services described in such documents. We disclaim any and all responsibility
or liability for the accuracy, content, completeness, legality, reliability, or
operability or availability of information or material displayed in the Service's
search results. We disclaim any responsibility for the deletion, failure to store,
mis-delivery, or untimely delivery of any information or material. We disclaim any
responsibility for any harm resulting from downloading or accessing any information
or material on the World Wide Web or Internet using information from the Service.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE
OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN
"AS IS, AS AVAILABLE" BASIS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE
FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF ANY SUCH MATERIAL. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT
TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE.
YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE,
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE RESERVE THE RIGHT TO TERMINATE THE SERVICE AT ANY TIME WITHOUT NOTICE.
These Terms shall be construed in accordance with the laws of the State
of New Jersey, and the parties irrevocably consent to bring any action to enforce
these Terms in the federal or state courts located in Trenton, New Jersey. These
Terms constitute the entire agreement between you and Mad Music with
respect to the Service, and supersedes all previous written or oral agreements.
If any part of these Terms is determined to be invalid or unenforceable pursuant
to applicable law, then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the intent of the original
provision and the remainder of the Terms shall continue in effect. Some states do
not allow exclusion of implied warranties or limitation of liability for incidental
or consequential damages, so the above limitations or exclusions may not apply to
you. In such states, our liability and that of our third party content providers
and their respective agents shall be limited to the greatest extent permitted by
law.
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