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This Web site is offered to you conditioned on your
acceptance without modification of the terms, conditions, and notices
contained herein. Your use of this Web site constitutes your agreement to
all such terms, conditions, and notices. This Web site contains links to Web
sites, Web pages and services also operated by CafeMidi.com or its
affiliates (the "CafeMidi.com" sites), and your use of each CafeMidi.com
site is also subject to the Terms of Use and other terms and guidelines, if
any, contained within each CafeMidi.com site. In the event that any of the
terms, conditions, and notices contained herein conflict with the Terms of
Use or other terms and guidelines contained within any particular
CafeMidi.com site, then the Terms of Use and other terms and guidelines for
such CafeMidi.com site shall control. You agree to click on the links to and
familiarize yourself with the Terms of Use and other terms and guidelines
found throughout this Web site and the CafeMidi.com sites and abide by them
if you choose to use the sites, pages or services to which they apply.
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PERSONAL AND NON-COMMERCIAL USE
LIMITATION
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This Web site is for your personal and
non-commercial use. You may not modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, create derivative works
from, transfer, or sell any information, software, products or services
obtained from this Web site.
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LINKS TO THIRD PARTY SITES
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This Web site and the CafeMidi.com sites
may contain links to Web sites operated by parties other than
CafeMidi.com. Such links are provided for your convenience only.
CafeMidi.com does not control such Web sites, and is not responsible for
their contents. CafeMidi.com inclusion of links to such Web sites does
not imply any endorsement of the material on such Web sites or any
association with their operators.
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NO UNLAWFUL OR PROHIBITED USE
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As a condition of your use of this Web
site, you warrant to CafeMidi.com that you will not use this Web site
for any purpose that is unlawful or prohibited by these terms,
conditions, and notices.
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USE OF ONLINE WEB COMMUNITIES
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If this Web site contains bulletin board
services, chat areas, news groups, forums, communities and/or other
message or communication facilities (collectively, "Communities"), you
agree to use the Communities only to send and receive messages and
material that are proper and related to the particular Forum. By way of
example, and not as a limitation, you agree that when using a Community,
you will not:
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Defame, abuse, harass, stalk, threaten or
otherwise violate the legal rights (such as rights of privacy and
publicity) of others.
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Publish, post, upload, distribute or
disseminate any inappropriate, profane, defamatory, infringing, obscene,
indecent or unlawful topic, name, material or information.
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Upload files that contain software or
other material protected by intellectual property laws (or by rights of
privacy of publicity) unless you own or control the rights thereto or
have received all necessary consents.
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Upload files that contain viruses,
corrupted files, or any other similar software or programs that may
damage the operation of another's computer.
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Advertise or offer to sell any goods or
services for any commercial purpose.
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Conduct or forward surveys, contests,
pyramid schemes or chain letters.
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Download any file posted by another user
of a Forum that you know, or reasonably should know, cannot be legally
distributed in such manner.
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Falsify or delete any author
attributions, legal or other proper notices or proprietary designations
or labels of the origin or source of software or other material
contained in a file that is uploaded.
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Restrict or inhibit any other user from
using and enjoying the Communities.
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Note: CafeMidi.com reserves the right to
terminate your access to any or all of the Communities at any time
without notice for any reason whatsoever.
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Note: CafeMidi.com has no obligation to
monitor the Communities. However, CafeMidi.com reserves the right at all
times to disclose any information as necessary to satisfy any applicable
law, regulation, legal process or governmental request, or to edit,
refuse to post or to remove any information or materials, in whole or in
part, at CafeMidi.com sole discretion.
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You acknowledge that all Communities are
public and not private, therefore your communications in those
communities may be read by others without your knowledge. Always use
caution when giving out any personally identifying information about
yourself or your children in any Community. Further, CafeMidi.com does
not control or endorse the content, messages or information found in any
Community and, therefore, CafeMidi.com specifically disclaims any
liability with regard to the Communities and any actions resulting from
your participation in any Community. Forum managers and hosts are not
authorized CafeMidi.com spokespersons, and their views do not
necessarily reflect those of CafeMidi.com.
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By posting messages, uploading files,
inputting data, or engaging in any other form of communication through
this Web site, you are granting CafeMidi.com permission to:
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Use, modify, copy, distribute, transmit,
publicly display, publicly perform, reproduce, publish, sublicense,
create derivative works from, transfer, or sell any such communication.
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Sublicense to third parties the
unrestricted right to exercise any of the foregoing rights granted with
respect to the communication.
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The foregoing grants shall include the
right to exploit any proprietary rights in such communication, including
but not limited to rights under copyright, trademark, service mark or
patent laws under any relevant jurisdiction.
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SOFTWARE AVAILABLE ON THIS WEB SITE
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Software (if any) that is made available
to download from this Web site ("Software") is the copyrighted work of
CafeMidi.com and/or its suppliers. Your use of the Software is governed
by the terms of the end user license agreement, if any, which
accompanies or is included with the Software ("License Agreement"). You
may not install or use any Software that is accompanied by or includes a
License Agreement unless you first agree to the License Agreement terms.
For any Software not accompanied by a license agreement, CafeMidi.com
hereby grants to you, the user, a personal, non-transferable license to
use the Software for viewing and otherwise using this Web site in
accordance with these terms and conditions, and for no other purpose
provided that you keep intact all copyright and other proprietary
notices. Please note that all Software, including without limitation all
HTML code and ActiveX controls contained in this Web site, is owned by
CafeMidi.com and/or its suppliers and is protected by copyright laws and
international treaty provisions. Any reproduction or redistribution of
the Software is expressly prohibited by law, and may result in severe
civil and criminal penalties. Violators will be prosecuted to the
maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR
REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS
WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE
AGREEMENT. You acknowledge that the Software, and any accompanying
documentation and/or technical information, is subject to applicable
export control laws and regulations of the USA. You agree not to export
or re-export the Software, directly or indirectly, to any countries that
are subject to USA export restrictions.
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LIABILITY DISCLAIMER
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The information, software, products, and
services included on this Web site may include inaccuracies or
typographical errors. Changes are periodically added to the information
herein. Be advised that CafeMidi.com and/or its respective suppliers may
make improvements and/or changes in this Web site at any time. Advice
received via this Web site should not be relied upon for personal,
medical, legal or financial decisions and you should consult an
appropriate professional for specific advice tailored to your situation.
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CafeMidi.com AND/OR ITS RESPECTIVE
SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS CONTAINED ON THIS WEB site FOR ANY PURPOSE. ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CafeMidi.com AND/OR ITS
RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. IN NO EVENT SHALL CafeMidi.com AND/OR ITS SUPPLIERS BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN
ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEB SITE, WITH THE
DELAY OR INABILITY TO USE THIS WEB SITE, THE PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT
OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT
LIABILITY OR OTHERWISE, EVEN IF CafeMidi.com, INC. OR ANY OF ITS SUPPLIERS
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB site ,
OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THIS WEB site.
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SERVICE CONTACT
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ACCESS RESTRICTION
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MODIFICATION OF THESE TERMS AND
CONDITIONS
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GENERAL
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This agreement is governed by the laws of
the State of California, U.S.A. You hereby consent to the exclusive
jurisdiction and venue of courts in Los Angeles County, California,
U.S.A. in all disputes arising out of or relating to the use of this Web
site. Use of this Web site is unauthorized in any jurisdiction that does
not give effect to all provisions of these terms and conditions,
including without limitation this paragraph. You agree that no joint
venture, partnership, employment, or agency relationship exists between
you and CafeMidi.com as a result of this agreement or use of this Web
site. CafeMidi.com' performance of this agreement is subject to existing
laws and legal process, and nothing contained in this agreement is in
derogation of CafeMidi.com right to comply with governmental, court and
law enforcement requests or requirements relating to your use of this
Web site or information provided to or gathered by CafeMidi.com with
respect to such use. If any part of this agreement is determined to be
invalid or unenforceable pursuant to applicable law including, but not
limited to, the warranty disclaimers and liability limitations set forth
above, 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 agreement
shall continue in effect. This agreement constitutes the entire
agreement between the user and CafeMidi.com with respect to this Web
site and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the user and
CafeMidi.com with respect to this Web site. A printed version of this
agreement and of any notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating to this
agreement to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in
printed form. Fictitious names of companies, products, people,
characters and/or data mentioned herein are not intended to represent
any real individual, company, product or event. Any rights not expressly
granted herein are reserved.
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COPYRIGHT AND TRADEMARK NOTICES:
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All contents of this Web site are ©MMV
CafeMidi.com and/or its suppliers. All rights reserved.
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Note: CafeMidi.com and other names of
CafeMidi.com products and/or services and/or sites referenced herein are
trademarks or registered trademarks of CafeMidi.com. Other product and
company names mentioned herein may be the trademarks of their respective
owners.
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