| Terms
of Use
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TheYuinon.com
Terms of Use
Last amended: Nov 15, 2004
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These Terms of Use are between you and The Yuinon ("we,"
"us," and "our"). Your use of the TheYuinon.com
website or any affiliated websites (the "Website") constitutes
an acknowledgement that you have read the most recent version of
the Terms of Use and that you agree to adhere to its terms. If you
do not agree to be bound by these Terms of Use, please cease all
further use. We reserve the right to amend these Terms of Use at
any time.
1. Access to Website
Limited License. We grant you a limited license to access
and make personal use of the Website and not to download (other
than page caching) or modify any portion of the Website without
our prior written approval. You shall not use any robot, spider
or other device to monitor the Website in any manner. We may terminate
this license at any time.
2. Policies Governing Use of the Website
Links to the Website. You are expressly prohibited from framing
or linking or otherwise using or displaying the Website or any portion
thereof in such a manner so that it appears to be part of your own
or someone else's website. You shall not deep link to any page on
the Website or otherwise link in a manner that bypasses the Website
home page.
Privacy Policy. Our use of your information shall be governed
at all times by our Privacy Policy.
Links to Other Websites. We may place links on the Website
to other websites on the Internet that are owned or operated by
third parties. For instance, Resource Partners are separate companies
from The Yuinon, and are independently owned and operated. You acknowledge
and agree that we are not responsible for, nor do we endorse or
support, the operation of or content located on any such website,
and we cannot and do not warrant that the content of such websites
is accurate, complete, legal and/or inoffensive. By linking to these
thirdparty websites, you acknowledge and agree that you may not
make any claim against us for any damages or losses of any kind
arising from the third-party website and/or the link.
3. Intellectual Property
Trademarks. Jason Wilson, The Yuinon, Yuinon Records and
other marks, logos, graphics, and trade dress used on the Website
are our trademarks or the trademarks of our affiliates, and may
not be used in any manner (including in "meta-tags" or
"hidden text") without our prior written approval.
Copyrights. The materials posted on the Website are copyrighted
materials of The Yuinon and may not be reproduced, distributed,
made the subject of a derivative work or publicly displayed without
permission from The Yuinon.
4. Disclaimer of Warranty; No Consequential Damages; Limitation
of Liability
Disclaimer of Warranty. YOU ACKNOWLEDGE THAT YOUR USE OF
THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES
OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO
THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. CERTAIN STATE LAWS
DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME
OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY
NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
No Consequential Damages. IN NO EVENT SHALL WE OR ANY OF
OUR AFFILIATES BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL,
INCIDENTAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES, OR LOST PROFITS
OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES,
HOWEVER CAUSED, INCLUDING THROUGH THE USE OF THE WEBSITE OR THE
PROVISION OF SERVICES THEREBY.
Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE
CONTRARY HEREIN, OUR AGGREGATE LIABILITY TO YOU ARISING OUT OF OR
RELATED IN ANY WAY TO THESE TERMS OF USE SHALL NOT EXCEED THE AGGREGATE
AMOUNT PAID BY YOU TO US UNDER THESE TERMS OF USE DURING THE SIX-MONTH
PERIOD IMMEDIATELY PRECEDING THE DATE UPON WHICH THE EVENT GIVING
RISE TO THE CLAIM AGAINST US AROSE.
5. Miscellaneous
Choice of Law; Jurisdiction. These Terms of Use shall be
governed and interpreted in accordance with the substantive law
of the State of Michigan without regard to its conflict of law provisions.
You agree to the exclusive jurisdiction of the courts located within
Oak Park, Michigan.
Severability. If any provision of these Terms of Use is
deemed invalid or unenforceable, that provision shall be deemed
severable and shall not affect the validity, legality or enforceability
of the remaining provisions.
Survival. Any section of these Terms of Use which by its
terms and nature is meant to survive the termination of these Terms
of Use, shall survive such termination.
Entire Agreement. These Terms of Use sets forth the entire
understanding and agreement between us with respect to the subject
matter hereof.
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