| This page states the Terms and Conditions under
which you may use this web site. Please read this page carefully. If you do not
accept the Terms and Conditions stated here, do not use this web site. By using
this web site, you are indicating your acceptance to be bound by the terms of
these Terms and Conditions. Coven of 13® (the "band") may revise these Terms and
Conditions at any time by updating this posting. You should visit this page
periodically to review the Terms and Conditions, because they are binding on
you. The terms "You" and "User" as used herein refer to all individuals and/or
entities accessing this web site for any reason. Section 1.
Copyright Notice.
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Copyright © 2004 - 2007 Coven of 13, Dracut, MA 01826, U.S.A. All Rights Reserved. |
Section 2. Use of Material.
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The band authorizes you to view and download a
single copy of the material on this web site (the "Web Site") solely for
your personal, noncommercial use. |
The contents of this Web Site, such as music, text, graphics, images and other material
("Material") are protected by copyright under both United States
and foreign laws.
Unauthorized use of the Material may violate copyright, trademark, and other
laws. You must retain all copyright and other proprietary notices contained in
the original Material on any copy you make of the Material. You may not sell or
modify the Material or reproduce, display, publicly perform, distribute, or
otherwise use the Material in any way for any public or commercial purpose. The
use of the Material on any other web site or in a networked computer environment
for any purpose is prohibited without the express written permission of the
band.
You shall not copy or adapt the HTML code that the band creates to generate its
pages. It is also protected by the band's copyright.
Section 3. Acceptable Site Use.
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General Rules. The Web Site may only be used for lawful purposes. Users
may not use the Web Site in order to transmit, distribute, store or
destroy material (a) in violation of any applicable law or regulation, (b)
in a manner that will infringe the copyright, trademark, trade secret or
other intellectual property rights of others or violate the privacy,
publicity or other personal rights of others, or (c) that is defamatory,
obscene, threatening, abusive or hateful.
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Web
Site Security Rules. Users are prohibited from violating or attempting to
violate the security of the Web Site, including, without limitation, (a)
accessing data not intended for such user or logging into a server or
account which the user is not authorized to access, (b) attempting to
probe, scan or test the vulnerability of a system or network or to breach
security or authentication measures without proper authorization, (c)
attempting to interfere with service to any user, host or network,
including, without limitation, via means of submitting a virus to the Web
Site, overloading, "flooding", "spamming", "mail bombing" or "crashing",
or (d) sending unsolicited e-mail, including promotions and/or advertising
of products or services. Violations of system or network security may
result in civil or criminal liability. The band will investigate
occurrences which may involve such violations and may involve, and
cooperate with, law enforcement authorities in prosecuting users who are
involved in such violations.
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Section 4. Registration and Password.
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Certain areas of the Web Site may require a
registration and password. You are responsible for maintaining the
confidentiality of your information and password. You shall be responsible
for all uses of your registration, whether or not authorized by you. You
agree to immediately notify Coven of 13 of any unauthorized use of your
registration or password. |
Section 5. The Band's Liability.
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The Material may contain inaccuracies or
typographical errors. The band makes no representations about the accuracy,
reliability, completeness, or timeliness of the Web Site or the Material.
The use of the Web Site and the Material is at your own risk. Changes are
periodically made to the Web Site and may be made at any time. |
THE BAND DOES NOT
WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS
SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF
THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING
EQUIPMENT OR DATA, THE BAND IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND
MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
THE BAND, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES,
WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS
FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE BAND MAKES NO WARRANTIES ABOUT
THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL,
SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. BECAUSE SOME JURISDICTIONS DO NOT
PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO
YOU.
Section 6. Disclaimer of Damages.
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IN NO EVENT SHALL THE BAND, ITS SUPPLIERS, OR
ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL
DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS
INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND
THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL
THEORY, AND WHETHER OR NOT THE BAND IS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. |
Section 7. Links to Other Sites.
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The Web Site may contain links to third party
web sites. These links are provided solely as a convenience to you and not
as an endorsement by the band of the contents on such third-party Web sites.
The band is not responsible for the content of linked third-party sites and
does not make any representations regarding the content or accuracy of
materials on such third-party Web sites. If you decide to access linked
third-party Web sites, you do so at your own risk. |
Section 8. Termination.
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The band reserves the right, at its sole
discretion, to immediately terminate your registration with or ability to
access the Web Site and/or any other service provided to you by the band,
upon any breach by you of these Terms and Conditions. |
Section 9. Indemnity.
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You agree to defend, indemnify, and hold
harmless the band, is officers, directors, employees and agents, from and
against any claims, actions or demands, including without limitation
reasonable legal and accounting fees, alleging or resulting from your use of
the Material or your breach of the terms of these Terms and Conditions. The
band shall provide notice to you promptly of any such claim, suit, or
proceeding and shall assist you, at your expense, in defending any such
claim, suit or proceeding. |
Section 10. Trademarks.
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The names of actual companies and products mentioned in materials appearing
on this website may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted
herein are fictitious. No association with any real band, company,
organization, product, person, or event is intended or should be inferred.
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Section 11. General.
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The band makes no claims that the Materials
may be lawfully viewed or downloaded outside of the
United States
. Access to the Materials
may not be legal by certain persons or in certain countries. If you access
the Web Site from outside of the
United States
, you do so at your own
risk and are responsible for compliance with the laws of your jurisdiction.
These Terms and Conditions are governed by the internal substantive laws of
the
Commonwealth
of
Massachusetts, U.S.,
without respect to its conflict of laws principles. Jurisdiction for any
claims arising under these Terms and Conditions shall lie exclusively with
the state or federal courts within Boston,
Massachusetts.
If any provision of these Terms and Conditions is found to be invalid by any
court having competent jurisdiction, the invalidity of such provision shall
not affect the validity of the remaining provisions of these Terms and
Conditions, which shall remain in full force and effect. No waiver of any
term of these Terms and Conditions shall be deemed a further or continuing
waiver of such term or any other term. Except as expressly provided in a
particular "Legal Notice," or Software License or material on particular Web
pages, these Terms and Conditions constitute the entire agreement between
you and the band with respect to the use of Web Site. No changes to these
Terms and Conditions shall be made except by a revised posting on this page.
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