RESTRICTIONS ON USE OF MATERIALS
This site is owned and operated by Mecca Music, LLC (referred to as "Mecca Music," "we," "us," or "our" herein). The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to or contained at MECCAMUSIC.COM (referred to as "Materials" herein) are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any Materials or any part of the MECCAMUSIC.COM site, except as to your Limited Right to Use, is strictly prohibited. The posting of information or materials on the MECCAMUSIC.COM site does not constitute a waiver of any right in such information and Materials. No Material from MECCAMUSIC.COM or any web site owned, operated, licensed, or controlled by Mecca Music may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without express prior authorization in writing from Mecca Music and provided you keep intact all copyright and other proprietary notices. Modification of the Materials or use of the Materials for any other purpose other than that stated on this site is a violation of Mecca Music’s copyright and other proprietary rights. For purposes of these terms, the use of any such Material on any other Website or networked computer environment is prohibited without express prior authorization in writing from Mecca Music. All trademarks, service marks, and trade names are proprietary to Mecca Music.
The viewing, printing or downloading of any Material from the MECCAMUSIC.COM site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use (referred to as "Limited Right to Use" herein). No part of any Material may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
In the event you download any Materials from the site, the Materials, including any files, images incorporated in or generated by the Materials are licensed to you by Mecca Music. Mecca Music does not transfer title to the Materials to you. While you may own the medium on which the Materials are recorded, Mecca Music retains full and complete title to the Materials, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or reduce the materials to a human-perceivable form, unless already in such form.
Mecca Music is pleased to hear from you and welcomes your comments regarding Mecca Music products, including Mecca Music’s online services. However, Mecca Music’s company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. Accordingly, we must, regretfully, ask that you do not send us any original creative materials other than those specifically requested. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials.
If at our request you send certain specific submissions (e.g., postings to chat boards, contests, appearance schedules, musical recordings, biographical information, contact information) or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of Mecca Music. None of the Submissions shall be subject to any obligation of confidence on the part of Mecca Music, and Mecca Music shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Mecca Music shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
Mecca Music respects the intellectual property rights of its users and third-parties and understands that Submissions may be protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. You are individually responsible and liable for respecting such rights as may be applicable to your Submissions and Mecca Music requests that you respect the rights of other user and third-party Submissions.
Mecca Music reserves the right in its sole discretion to edit or delete any documents, information or other content appearing on the MECCAMUSIC.COM site, including this Agreement, the Material and Submissions without further notice to users of the MECCAMUSIC.COM site. Mecca Music further reserves the rights in its sole discretion to edit or delete any documents, information or other content appearing on the MECCAMUSIC.COM site, including the Material and Submissions, which it deems not fit for display on the MECCAMUSIC.COM site, including but not limited to content that it deemed to be harassing, violent, abusive, disparaging, threatening, graphic, pornographic, spam and/or phishing.
LINKS TO OTHER WEB SITES
The MECCAMUSIC.COM site contains links to other Web sites. Mecca Music is not responsible for the content, accuracy or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by Mecca Music. Inclusion of any linked Web site on the MECCAMUSIC.COM site does not imply approval or endorsement of the linked Web site by Mecca Music. If you decide to leave the MECCAMUSIC.COM site and access these third-party sites, you do so at your own risk.
In order to keep the MECCAMUSIC.COM site membership roster current, if you do not access your account for a period of one hundred eighty (180) days or more, Mecca Music may, in its sole discretion, terminate such account. Mecca Music will endeavor to notify you of the intent to terminate such account by notice to a provided email address at least fifteen days prior to deactivation. Therefore, Mecca Music strongly recommends that you keep all account and contact data current and in use. While Mecca Music desires to prevent active accounts from being terminated prematurely, Mecca Music has no obligation to maintain accounts that appear to Mecca Music to have been abandoned. You agree that failure to access your account for one hundred eighty (180) days or more conclusively indicates that such account has been abandoned and that the account may therefore be terminated.
Mecca Music reserves the right to contact you via email to verify the accuracy of account information (including the correct name and address) that is needed to provide you with information relating to the MECCAMUSIC.COM site.
This site is controlled and operated by Mecca Music from its offices within the United States of America. Mecca Music makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all materials obtained from any and all Mecca Music site(s) and all related documentation and all copies and installations thereof, whether made under the terms of these terms or otherwise. These terms will terminate immediately without notice from Mecca Music if in Mecca Music’s sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must destroy all materials obtained from this site and any and all other Mecca Music site(s) and all copies thereof, whether made under the terms of these terms or otherwise.
Mecca Music has used commercially reasonable efforts to prepare the Materials and to provide the information and tools available on the MECCAMUSIC.COM site. However, Mecca Music does not represent or warrant that the Materials, information and tools are free from errors and does not and cannot represent or warrant that your use of the materials, information or tools will result in any savings or benefits to you or any others with whom you may use the same. THE MATERIALS, INFORMATION AND TOOLS ARE LICENSED "AS IS," AND MECCA MUSIC DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO MECCA MUSIC DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATION OR ADDITION TO THE FOREGOING WARRANTY. Some states do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations and exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights, which vary from state to state.
LIMITATION OF LIABILITY
FOR THE EXPRESS PURPOSE OF LIMITING LIABILITY, MECCA MUSIC SHALL NOT BE LIABLE FOR (A) ANY LOSS OF USE OF YOUR COMPUTERS OR LOSS OR CORRUPTION OF DATA OR THE COSTS OF SYSTEM OR DATA RECOVERY, (B) ANY THIRD PARTY CLAIMS, OR (C) FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, WHETHER BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MECCA MUSIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE INFORMATION AND MATERIALS OBTAINED FROM OR THROUGH THE MECCAMUSIC.COM SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. MECCA MUSIC AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MECCA MUSIC THROUGH THE MECCAMUSIC.COM SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify, defend and hold Mecca Music and its agents, employees, partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement, any third-party claim of intellectual property infringement against you relating in whole or part to the Submissions, or use of the MECCAMUSIC.COM site.
Your right to use the MECCAMUSIC.COM Site is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.
This Agreement will be governed by the laws of Wisconsin and is intended to be performed in the State of Wisconsin. You agree that any action at law or in equity arising out of or relating to these terms may be filed only in state or federal courts located in Wisconsin and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.