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TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY. THIS IS A CONTRACT. BY USING THIS WEB SITE, YOU ACCEPT ALL TERMS, CONDITIONS AND RESPONSIBILITIES OF THIS AGREEMENT.
1. Introduction
This web site ("Web Site") is operated by Radford Piano Services, Inc. As used in this contract, "you" and "your" means the person signing the contract as buyer. "We," "our," and "us" mean Radford Piano Services, Inc. "Contract" means this contract. In this agreement, the term Web Site includes all web sites and web pages within www.radfordpiano.com as well as any equivalent, mirror, replacement, substitute or backup web sites and web pages thereto and thereof. Please also review the terms of our Privacy Policy. Your use of this Web Site is subject to the following Terms of Use. You agree to the Terms of Use by accessing this Web Site and/or by accepting any information from this Web Site. Radford Piano Services, Inc. reserves the right, in its sole discretion, to modify, alter or otherwise change the Terms of Use at any time. Please check these Terms of Use periodically for changes. By using this Web Site after any changes to these Terms of Use are posted, you are indicating your acceptance of those changes.
This agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is the entire and exclusive agreement between you and us regarding use of the Web Site and it cannot be modified, except as specifically described herein.
If, for any reason, you do not agree with all of the terms and conditions contained herein, please discontinue using the Web Site immediately. The Web Site and the information contained in reference herein are for informational and entertainment purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you've found on the Web Site, you should confirm any facts that are important to your decision. This Web Site and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information on the Web Site. This Web Site and all information it contains are provided "AS IS". Radford Piano Services, Inc. is not responsible for, and cannot guarantee the performance of, goods and services provided by any advertisers we host or others to whose web sites we link.
2. Ownership of Intellectual Property
All Web Site software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, database, proprietary information and all copyrightable or otherwise legally protectible elements of the Web Site including, without limitation, the selection, sequence and "look and feel" and arrangement of items, (individually and/or collectively "Material"), are the property of Radford Piano Services, Inc., its subsidiaries, affiliates, licensors or suppliers and are legally protected, without limitation, under the U.S. federal and state, as well as applicable foreign, laws, regulations and treaties. Radford Piano Services, Inc. may add, change, discontinue, remove or suspend any of the Material at any time, without notice and without liability. Any reproduction, copying or redistribution for commercial purposes of the Materials or design elements of the Web Site is strictly prohibited without the express written consent of Radford Piano Services, Inc. or its owner if Radford Piano Services, Inc. is not the owner. All rights in the product names, company names, trade names, logos, product packaging and designs of Radford Piano Services, Inc. or third-party products or services whether or not appearing in large print or with the trademark symbol, belong exclusively to Radford Piano Services, Inc., as applicable, or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws, as applicable. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited and nothing stated or implied on this Web Site confers on you any license or right under any patent, copyright or trademark of Radford Piano Services, Inc. or any third party.
3. Copyright Agent
Pursuant to the terms of the Digital Millennium Copyright Act, Radford Piano Services, Inc. has designated a Copyright Agent to receive notice of claims of copyright infringement on the Web Site. Radford Piano Services, Inc.'s Copyright Agent may be reached by e-mail at radfordpiano.com.
If you believe that your work has been copied in a way that constitutes copyright infringement please promptly provide the Copyright Agent the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) a description of the copyrighted work that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the Web Site;
(d) Your address, telephone number and e-mail address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner's behalf.
4. Links
This Web Site may contain links to other web site ("Linked Sites"). The Linked Sites are not under the control of Radford Piano Services, Inc. and Radford Piano Services, Inc. is not responsible for the contents of the Linked Sites. Radford Piano Services, Inc. provides any Linked Sites to you only as a convenience, and the inclusion of any such Linked Sites is not an endorsement by Radford Piano Services, Inc. in favor of any company offering Internet services, products or services on the Linked Sites.
Other sites may link without prior permission to the Web Site's home page only through a plain-text link. Permission must otherwise be granted by Radford Piano Services, Inc. for any other type of link to the Web Site. To seek our permission, you may write to Radford Piano Services, Inc., 2454 W. Estes, Suite 3, Chicago, IL 60645. Any third party web site that links to the Web Site (a) shall not create a frame, browse or border environment around any of the content of the Web Site; (b) may link to, but not replicate, Web Site content; (c) shall not imply that Radford Piano Services, Inc. is endorsing or sponsoring it or its products or services; (d) shall not present false information about Radford Piano Services, Inc. or its products or services; (e) shall not use Radford Piano Services, Inc. trademarks without the prior written permission of Radford Piano Services, Inc.; and (f) shall not contain content that could be construed as distasteful, offensive, hateful, obscene or controversial.
5. No Solicitation
You agree not to use the Web Site to advertise or to solicit anyone to buy or sell products or services or to make donations of any kind without the express written approval of Radford Piano Services, Inc.
6. No Spamming
From time to time, users of this Web Site post their e-mail addresses in Radford Piano Services, Inc. chat rooms, forums and other public-posting areas. You agree not to utilize these e-mail addresses for purposes of spamming (i.e., unsolicited e-mail).
7. Chat Rooms, Bulletin Boards, Other Forums
Radford Piano Services, Inc. cannot and does not review every posting made in Web Site chat rooms, forums and bulletin boards. Radford Piano Services, Inc. does not endorse or guarantee the accuracy of any posting regardless of whether the posting comes from a user, from a celebrity or "expert" guest or from a member of Radford Piano Services, Inc.'s staff. Radford Piano Services, Inc. is not responsible for any material posted in any chat room or on any bulletin board or forum and is not responsible or liable to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any material provided through this Web Site.
Radford Piano Services, Inc. shall have the right but not the obligation to monitor, from time to time, the content of the Web Site including, without limitation, any chat room, bulletin boards and forums to determine compliance with this Agreement and any operating rules established by Radford Piano Services, Inc. and to satisfy any law, regulation or authorized government request. Radford Piano Services, Inc. shall have the right in its sole and absolute discretion to edit, refuse to post or remove any material submitted to or posted on the Web Site.
By using the Web Site, you agree not to post any content which libels, defames, invades privacy or is indecent, obscene, pornographic, abusive, threatening, illegal, solicits gambling or engages in any gambling activity, contains a virus, trojan horse, software, cancelbot or other harmful component, pictures or communications that contain language or images deemed offensive by the operators of this Web Site, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, provincial, state, national or international law, infringes on the ability of others to enjoy the Web Site or that infringes on the rights of others including, without limitation, any intellectual property rights of any entity or person. Radford Piano Services, Inc. reserves the right to refuse access to anyone who Radford Piano Services, Inc. believes in its sole and absolute discretion has violated these terms or any other term of this Agreement. Radford Piano Services, Inc. additionally reserves the right to terminate this Agreement against any further use of any person or entity who violates any term of this Agreement.
By submitting material to the Web Site, you are representing that you are the owner of the material or are making your submission with the express consent of the owner. Submitting material that is the property of another, without the consent of its owner, is not only a violation of this agreement but may also subject you to legal liability for copyright, trademark or other intellectual property infringement.
All material you submit to the Web Site becomes the sole and exclusive property of Radford Piano Services, Inc. Radford Piano Services, Inc. may reproduce, distribute, display, exhibit and otherwise exploit that material in all markets and media now known or hereafter devised throughout the Universe in perpetuity without payment of any compensation or other consideration to you. You hereby waive all moral rights you may have in and to that material. Radford Piano Services, Inc. does not consider any material you submit to the Web Site to be confidential or proprietary.
8. Promotions and contests
The Web Site may contain sweepstakes and other contests and promotions that require you to send material or information about yourself. Those sweepstakes, contests or promotions may be governed by a separate set of rules that may have eligibility requirements. It is your responsibility to read such rules to determine whether your participation, registration and/or entry is valid. You agree to read and comply with such rules before entering any sweepstakes, contest or promotion on this Web Site.
9. Membership and registration
Certain areas of this Web Site may require you to register or ask you to provide information to participate in certain features or access certain content. Your decision to provide that information is purely optional. If you elect not to provide that information, however, you may not be able to access that area, feature or content. If you elect to provide that information, you agree to provide information that is true and accurate. You may also be required to choose a user name and password. It is your responsibility alone to ensure the confidentiality of that name and password. You agree not to register under the name of any other person. Radford Piano Services, Inc. reserves the right to reject any user name that is, in Radford Piano Services, Inc.'s sole and absolute judgment, offensive. You agree to notify Radford Piano Services, Inc. of any unauthorized use of your user name and/or password. You must be at least 18 years old to register on the Web Site.
10. Purchase of merchandise
In the event any merchandise or services are offered for sale via this Web Site which are listed at an incorrect price or contain other incorrect information, Radford Piano Services, Inc. shall have the absolute right to refuse or cancel any order placed for such merchandise or services and Radford Piano Services, Inc. is released from liability for same. Your only remedy is to return to Radford Piano Services, Inc. or a third party offering that merchandise for a refund, at Radford Piano Services, Inc.'s or the third party's sole discretion.
11. Removal of Information
Radford Piano Services, Inc. reserves the right, without limitation, to move, delete or edit any and all advertisements, information, pictures or communications posted on the Web Site that Radford Piano Services, Inc. determines, in its sole discretion, is in violation of the terms and conditions stated herein or is otherwise unacceptable.
12. Submissions
Radford Piano Services, Inc. does not accept unsolicited submissions of any kind and we cannot review your submissions. Radford Piano Services, Inc. has adopted this policy to avoid misunderstandings about projects Radford Piano Services, Inc. develops which may appear to be similar to someone else's idea, suggestion or material. Any submission will become the sole property of Radford Piano Services, Inc. and will not be returned to you and Radford Piano Services, Inc. shall not be required to respond to any submission received. You agree that you are not entitled to any compensation by reason of Radford Piano Services, Inc.'s use of similar or identical material.
13. Disclaimer and release of liability
YOU AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. NEITHER RADFORD PIANO SERVICES, INC., ITS AFFILIATES OR PARENT COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANT AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEB SITE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE WEB SITE. RADFORD PIANO SERVICES, INC, Inc. DOES NOT REPRESENT AND WARRANT THAT THE WEB SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE SOLELY RESONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THORUGH THE WEB SITE.
RADFORD PIANO SERVICES, IN. DISCLAIMS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTAIBLITY OR FITNESS FOR A PARTCIUILAR PURPOSE FOR ANY INFORMATION, PRODUCT OR SERVICE OFFERED ON THIS WEB SITE.
RADFORD PIANO SERVICES, INC. IS NOT LIABILE FOR ANY INJURY ARISING OUT OF THE USE OF THIS WEB SITE INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. RADFORD PIANO SERVICES, INC IS NOT LIABILE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU AGREE THAT RADFORD PIANO SERVICES, INC 'S LIABILITY ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THIS WEB SITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO RADFORD PIANO SERVICES, INC. FOR THE USE OF THE WEB SITE.
14. Indemnification
You agree, at all times, to defend, indemnify and hold harmless Radford Piano Services, Inc., its respective affiliates and parent companies and each of their respective directors, officers, employees, shareholders and agents from and against any and all claims, actions, liabilities, damages, injuries, costs and expenses including, without limitation, attorneys' fees and court costs, arising out of any use you make of the Web Site.
15. Governing Law
This Web Site originates from and is maintained in the United States of America. This Agreement has been made in and shall be construed in accordance with the laws of the State of Illinois. You consent to the exclusive jurisdiction of the state and federal courts located in Chicago, Illinois in all disputes arising out of or relating to this Agreement or use of this Web Site. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Any cause of action you may have with respect to your use of this Web Site must be commenced within one (1) year after the claim or cause of action arises and you hereby expressly waive any right you may have under applicable federal, state or local statutes of limitations. Radford Piano Services, Inc. makes no representations regarding the legality of access to or use of the Web Site or the materials contained herein from other countries. Access in countries where the materials contained herein are illegal is prohibited. Users who access the Web Site from outside the United States do so at their own risk.
16. Severability
If any portion of this Agreement is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of any other portion of this Agreement, which shall remain in full force and affect.
17. Additional Policies
Radford Piano Services, Inc. reserves the right to seek all remedies available at law and in equity for violations of these Terms, including the right to block access from a particular Internet address.
The Web Site may be temporarily unavailable due to maintenance or malfunction of computer equipment.
18. Entire Agreement
This Agreement and any rules for the Web Site established by Radford Piano Services, Inc. constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all previous written or oral agreement between the parties with respect to that subject matter.
19. Headings
The paragraph headings used herein are for convenience only and shall not be used to limit any portion of this Agreement.
Last updated November 15, 2005.
(c) 2005 Radford Piano Services, Inc. All rights reserved. |
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