OUR TERMS OF USE
The Vocal Group Harmony Web site (the “Site”) is
owned and operated by Ultimate Vocal Group (“Ultimate Vocal Group” or “we.”) By accessing
or using the Site, you signify your agreement to all terms, conditions, and notices
contained or referenced herein, including these Terms of Use ("Terms.")
If you do not agree to these Terms, you may not access or use the Site. Ultimate Vocal Group reserves the right to modify these Terms, in Ultimate Vocal Group’ sole discretion,
effective upon posting to the Site, and your continued access or use of the Site
constitutes agreement to all such changes. Please check the Terms frequently for
changes.
USE OF THE SITE AND CONTENT
All right, title and interest in the Site and all content contained herein, other
than Member Content, as defined below, is the exclusive property of Ultimate Vocal Group.
The Site is intended for personal, non-commercial use only. Ultimate Vocal Group grants
you a limited license to access and make personal use of the Site and its content
for non-commercial purposes. You may print, copy and download a single copy of any
information or other content on the Site for your personal use only, provided that
you do not delete or modify any copyright or other proprietary notices. This limited
license is not transferable and does not include any resale or commercial use or
derivative use of the Site or its content. You may not modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, frame, create derivative
works from, transfer or otherwise use in any other way for commercial or public
purposes in whole or in part any information, software, products or services obtained
from the Site, except as expressly provided herein, without Ultimate Vocal Group’
prior written approval. Use of data mining, robots, or similar data gathering and
extraction tools on or in connection with the Site is prohibited without the express
prior written consent of Ultimate Vocal Group.
You may not use any meta tags or any other
"hidden text" utilizing Ultimate Vocal Group’ name or any other
trademark of Ultimate Vocal Group without the express written consent of Ultimate Vocal Group. You are granted a limited, revocable, and nonexclusive right to create
a hyperlink(s) to the home page of the Site for non-commercial purposes only, so
long as the link does not portray Ultimate Vocal Group
or its affiliates, or their products or services in a false, misleading, derogatory,
or otherwise offensive matter.
Unauthorized access or use of the Site,
its content or any Ultimate Vocal Group system, including, but not limited to, unauthorized
entry into Ultimate Vocal Group’ systems, misuse of passwords or misuse of any other
information, is strictly prohibited. You may not use this Site in any manner that
could damage, disable, overburden, or impair the Site, Ultimate Vocal Group’ systems
or services or interfere with any other party's use and enjoyment of the Site.
You may not gain or attempt to gain unauthorized access to the Site or any content
or service, computer systems or networks connected to any Ultimate Vocal Group site
or service, through hacking, password mining or any other means. You agree that
you will comply with all laws, statutes and regulations of all applicable jurisdictions
with respect to your access and use of the Site, including, without limitation,
with respect to any Member Content you submit.
When accessing the Site and its content,
you will be exposed to content from a variety or sources, including Member Content.
Ultimate Vocal Group is not responsible for Member Content or any other third party
content on the Site, including, without limitation, its accuracy, safety, or intellectual
property rights with respect to such content. You may be exposed to Member Content
that is inaccurate or offensive and you hereby waive any claims or remedies you
have may have against Ultimate Vocal Group, its affiliates and their respective officers,
directors, employees, contractors and agents with respect thereto.
Ultimate Vocal Group MEMBERSHIP
In order to use some portions of the Site or submit photographs, videos, text and
other content to the Site (“Member Content”), you must become a Play Clean member.
You must be at least 18 years of age to become a member. You agree to provide accurate
and complete information when you complete the membership application and at all
other times. You are solely responsible for keeping your password secure and for
all activity on your account. You agree to notify Ultimate Vocal Group immediately
in the event of any unauthorized use of your account. You acknowledge that Member
Content you submit is not subject to the Privacy Policy. Ultimate Vocal Group may
terminate your membership and/or your right to access the Site if Ultimate Vocal Group
believes you have violated these Terms.
MEMBER CONTENT
By submitting Member Content, you grant Ultimate Vocal Group a worldwide, non-exclusive,
royalty-free, sublicenseable and transferable license to distribute, copy, create
derivatives and otherwise use such Member Content in connection with the Site, in all media and all formats, now known or hereafter discovered.
You agree that visitors to the Site may access and use Member Content as permitted
under these Terms.
All Member Content you submit or which
is submitted under your membership account is your sole responsibility. You agree
not to submit or post, or allow any third party to submit or post, any Member Content
that (a) is illegal, obscene, defamatory, invasive of privacy, harassing, harmful
to minors, racially, ethnically or otherwise objectionable; (b) violates any applicable
local, state, national or international law; (c) infringes the patent, trademark,
trade secret, copyright or other proprietary rights of any person or entity or which
you do not have the right to submit or post; (d) contains software viruses, corrupted
data, cancel bots, or otherwise disrupts the operation of the Site; or (e) consists
of commercial solicitations, or mass mailings or any form of "spam." You
warrant that you own or all rights in any Member Content you post on the Site or
have obtained the right to post such Member Content and to grant the rights granted
under these Terms.
Ultimate Vocal Group does not regularly
review third party content, but reserves the right (but not the obligation) to monitor
and edit or remove Member Content at any time, and without prior notice. Ultimate Vocal Group has no responsibility and assumes no liability for any content posted by
you or any third party.
INFRINGEMENT
If you are a copyright owner or the agent of a copyright owner and believe any Member
Content or any other content on the Site infringes any copyright or other intellectual
property right, please provide the following information, in writing and signed
by you, to the Ultimate Vocal Group Copyright Agent at the address listed below:
- A description of the allegedly infringing
content and of the copyrighted work which you believe is infringed, including an
assertion that you either own such copyright interest, or are the authorized agent
of the owner.
- Your address, telephone number and
e-mail address.
- Your statement that all information
you have provided is accurate and that you have a good-faith belief that the use
of the disputed content is not authorized by the copyright owner, its agent or by
law.
DISCLAIMER OF WARRANTY AND LIMITATION
OF LIABILITY
The information, products and services on the Site are provided on an "AS IS,"
and "AS AVAILABLE" basis. Ultimate Vocal Group does not warrant the information
or services provided herein or your use of the Site generally, either expressly
or impliedly, for any particular purpose and expressly disclaims any implied warranties,
including but not limited to, warranties of title, non-infringement, merchantability
or fitness for a particular purpose. Ultimate Vocal Group will not be responsible
for any loss or damage that could result from interception by third parties of any
information or services made available to you via the Site. Ultimate Vocal Group cannot
and does not guarantee the accuracy, validity, timeliness or completeness of any
information or data available on or through the Site for any particular purpose.
Neither Ultimate Vocal Group nor any of its affiliates, directors, officers or employees,
nor any third party vendor, will be liable or have any responsibility of any kind
for any loss or damage that you incur in the event of any failure or interruption
of the Site, or resulting from the act or omission of any other party involved in
making the Site, the data contained herein or the content and any products or services
offered on the Site available to you, or from any other cause relating to your access
to, inability to access, or use of the Site or these materials, whether or not the
circumstances giving rise to such cause may have been within the control of Southside
Partners or of any vendor providing software or services. In no event will Southside
Partners or any such parties be liable to you, whether in contract or tort, for
any direct, special, indirect, punitive, consequential or incidental damages, attorney
fees, or any other damages of any kind even if Ultimate Vocal Group or any other such
party has been advised of the possibility thereof. This limitation on liability
includes, but is not limited to, the transmission of any viruses which may infect
a user's equipment, failure of mechanical or electronic equipment or communication
lines, telephone or other interconnect problems (e.g., you cannot access your internet
service provider), unauthorized access, theft, operator errors, strikes or other
labor problems or any force majeure. Ultimate Vocal Group cannot and does not guarantee
continuous, uninterrupted or secure access to the Site.
COPYRIGHT
All content included on the Site, such as text, graphics, logos, button icons, images,
audio clips, digital downloads, data compilations, and software, other than Member
Content, is the property of Ultimate Vocal Group or its content suppliers and protected
by United States and international copyright laws. The compilation of all content
on the Site is the exclusive property of Ultimate Vocal Group and protected by U.S.
and international copyright laws. All software used on the Site is the property
of Ultimate Vocal Group or its software suppliers and protected by United States and
international copyright laws.
TRADEMARKS
Ultimate Vocal Group and other trademarks and service marks referenced herein are either registered
trademarks and service marks or trademarks and service marks of Ultimate Vocal Group.
The names of other companies and marks used on third-party products or services
mentioned herein may be registered trademarks and service marks or trademarks and
service marks of their respective companies and/or owners. You are prohibited from
using any marks for any purpose including, but not limited to use as meta tags on
other pages or sites on the World Wide Web without the written permission of Ultimate Vocal Group or such third party which may own the marks.
LINKS
The Site contains links to third party Web sites. These links are provided only
as a convenience. The inclusion of any link is not and does not imply an affiliation,
sponsorship, endorsement, approval, investigation, verification or monitoring by
Ultimate Vocal Group of any information contained in any third party Web site. In
no event shall Ultimate Vocal Group be responsible for the information contained on
any third party Web site or your use of or inability to use such site. You should
also be aware that the terms and conditions and privacy policies of third party
Web sites may be different from those applicable to your use of this Site.
INTERNATIONAL USE
The Site is controlled and operated by Ultimate Vocal Group from its headquarters
in Camarillo, California, United States of America. If you access this Site from
a location outside the United States of America, you do so on your own initiative
and are responsible for compliance with all applicable laws of your jurisdiction.
Ultimate Vocal Group makes no representation that materials on the Site are appropriate
or available for use in locations outside the United States, and accessing them
from territories where their contents are illegal is prohibited.
LIMITATION OF LIABILITY
Ultimate Vocal Group SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE WHATSOEVER, INCLUDING
BUT NOT LIMITED TO INCIDENTAL, PUNITIVE, CONSEQUENTIAL, ATTORNEY FEES, OR INDIRECT
DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION,
LOSS OF DATA AND THE LIKE) ARISING OUT OF THE SITE, ITS CONTENT OR YOUR USE OF,
OR INABILITY TO USE OR ACCESS THE SITE OR ANY CONTENT PROVIDED ON THE SITE OR DOWNLOADED
FROM THE SITE, OR ANY DELAY IN USE OR ACCESS TO THE SITE OR CONTENT PROVIDED ON
THE SITE OR ANY CLAIM ARISING FROM OR RELATING TO ERRORS, OMISSIONS OR INACCURACIES
IN THE CONTENT PROVIDED ON THE SITE OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE SITE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF Ultimate Vocal Group
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT WAIVING THE EXCLUSIVE GOVERNING
LAW PROVISION SET FORTH HEREIN, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THEREFORE THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IN SUCH STATES, Ultimate Vocal Group' LIABILITY IS LIMITED
TO THE GREATEST EXTENT PERMITTED BY LAW.
THE LIMITATION OF LIABILITY SET FORTH
ABOVE SHALL APPLY TO EVERY FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT
LIABILITY, NEGLIGENCE OR OTHER TORT, AND SHALL SURVIVE ANY BREACH OF THE TERMS OR
ANY AGREEMENT, OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THE TERMS OR AN AGREEMENT
OR ANY EXCLUSIVE REMEDY. IN NO EVENT SHALL Ultimate Vocal Group’ LIABILITY EXCEED
$50.00.
JURISDICTION
These Terms, as well as the Privacy Policy for this Site, and any dispute that may
arise between you and Ultimate Vocal Group shall be governed by and construed in accordance
with the laws of the State of California, U.S.A., without regard to conflict of
laws principles. You consent to the exclusive jurisdiction of and venue in the courts
of Clark County, Washington, U.S.A. for all disputes arising out of or relating
to the Privacy Policy, Terms, the Site and/or the content accessed on or through
the Site.
Unless otherwise specified herein, these
Terms and the Privacy Policy constitute written agreements between you and Southside
Partners and supersede all prior or contemporaneous communications and proposals
(whether oral, written, or electronic) between you and Ultimate Vocal Group with respect
to the Site. A printed version of any electronic notices pertaining to the same
shall be admissible in a judicial or administrative proceeding to the same extent,
and subject to the same restrictions, as any other contract, document or record
originally in printed form.
If any part of these Terms is held invalid
or unenforceable, that portion shall be construed in a manner consistent with applicable
law to reflect, as nearly as possible, the original intentions of the parties, and
the remaining portions shall remain in full force and effect. You may not assign
any right or obligation under these Terms without Ultimate Vocal Group’ prior, written
consent. Ultimate Vocal Group may assign these Terms, in whole or in part, in its
sole discretion.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING
OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN TWELVE (12) MONTHS AFTER THE
CAUSE OF ACTION ACCRUES, AND IF NOT COMMENCED WITHIN SUCH PERIOD SUCH CAUSE OF ACTION
IS PERMANENTLY BARRED.
If you have question about the Site or
these Terms, contact Ultimate Vocal Group at:
Ultimate Vocal Group
dennis@ultimatevocalgroup.com