STEPHEN MICHEL THORNTON WEBSITE AND ONLINE SERVICES TERMS AND
CONDITIONS
(Contains
legal information, including the Terms and Conditions and Code of Conduct
applicable to this website. PLEASE READ THIS CAREFULLY!)
This Internet website is the
property of Stephen Michael Thornton. References to "SMT", "SMT
Online Services", or "this website" shall also be deemed to be
references to Stephen Michael Thornton.
SMT PROVIDES ACCESS TO THIS
WEBSITE AND ANY RELATED SERVICES PROVIDED HEREON (THE "SMT ONLINE
SERVICES") SUBJECT TO YOUR COMPLIANCE WITH THE FOLLOWING TERMS AND
CONDITIONS. THESE TERMS AND CONDITIONS CONSTITUTE AN AGREEMENT BETWEEN YOU AND
SMT ("AGREEMENT") THAT GOVERNS THE RELATIONSHIP BETWEEN YOU AND SMT
WITH RESPECT TO YOUR USE OF THIS WEBSITE AND THE SMT ONLINE SERVICES. THUS, IT
IS IMPORTANT THAT YOU READ CAREFULLY AND UNDERSTAND
THESE TERMS AND CONDITIONS.
TERMS AND CONDITIONS
TRADEMARK AND COPYRIGHT
INFORMATION: All material on this website, including, but not limited to, text,
data, graphics, logos, button icons, images, audio clips, video clips, links,
digital downloads, data compilations, and software is owned, controlled by, or
licensed to SMT and is protected by copyright, trademark, and other
intellectual property rights. Material on this website is made available solely
for your personal, non-commercial use and may not be copied, reproduced,
republished, modified, uploaded, posted, transmitted, or distributed in any
way, including by e-mail or other electronic means, without the express prior
written consent of SMT in each instance. You may download material
intentionally made available for downloading from this website for your
personal, non-commercial use only, provided that you keep intact any and all
copyright and other proprietary notices that may appear on such materials.
CODE OF CONDUCT: The following rules, policies, and disclaimers shall govern
and/or apply to your use of the SMT Online Services on this website (including,
without limitation, any bulletin boards, chat rooms, or other online services
provided on this website).
We do not review every
message, nor do we confirm the accuracy or validity of information posted. We
do not actively monitor the contents of the postings, nor are we responsible
for the content of any postings. We do not vouch for, nor do we warrant the
validity, accuracy, completeness, or usefulness of any message or information
posted. The contents of the postings do not represent the views of SMT, its
labels, or any person or property associated with SMT, the SMT Online Services,
this website, or any other website in the SMT family of websites. If you feel
that any posting is objectionable, we encourage you to contact us by email. We
will make every effort to remove objectionable content if we deem removal to be
warranted. Please understand that removal or editing of any posting is a manual
process and might not occur immediately.
You agree, by using this
website and/or the SMT Online Services, that: (1) you will not use this website
or any of the SMT Online Services to post any material that is knowingly false
and/or defamatory, inaccurate, abusive, vulgar, obscene, profane, hateful,
harassing, sexually oriented, threatening, invasive of one's privacy, or
otherwise in violation of any law; (2) you will not restrict or inhibit any
other user from using and enjoying this website or any of the SMT Online
Services provided hereon (for example, by means of hacking or defacement); (3)
you will not post any copyrighted material on this website or any of the SMT
Online Services provided hereon unless you own the copyright in and to such
material; (4) you will not post or transmit any information or software that
contains a virus, worm, timebomb, cancelbot,
trojan horse or other harmful, disruptive, or deleterious
component; (5) you will not post or transmit materials in violation of another
party's copyright or other intellectual property rights; (6) you will not
utilize any robot, spider, site search/retrieval application, or any other
manual or automated technique to scrape, index, data mine, etc., or in any way
reproduce or circumvent the navigational structure or presentation of this
website, the SMT Online Services, or the contents of such website or services;
and (7) you will not impersonate any other individual or entity in connection
with your use of this website or any of the SMT Online Services.
Although we cannot and do not
review all posted messages, we reserve the right to remove (or not) any message
for any (or no) reason whatsoever. You remain solely responsible for the
content of your messages, and you agree to indemnify and hold harmless SMT and
their agents with respect to any claim based upon the transmission of your
message(s) and/or posting(s).
We reserve the right to
reveal your identity (including whatever information we know about you) in the
event of a complaint or legal action arising from any message posted by you.
Posting of advertisements,
chain letters, pyramid schemes, solicitations, and the like, are inappropriate
and forbidden on the SMT websites and any related SMT Online Services
(including bulletin boards and chat rooms).
WARRANTY DISCLAIMER
SMT HAS PROVIDED LINKS AND
POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES ("THIRD PARTY
SITES") AND MAY, FROM TIME TO TIME, PROVIDE THIRD PARTY MATERIALS ON THIS
WEBSITE. NEITHER SMT, ITS
PARENT OR SUBSIDIARY COMPANIES, NOR THEIR AFFILIATES, OPERATE OR CONTROL IN ANY
RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES ON THESE THIRD PARTY SITES. THE
MATERIALS IN THIS WEBSITE AND THE THIRD PARTY SITES ARE PROVIDED "AS
IS" AND "AS AVAILABLE" WITH NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS
WEBSITE AND THE SMT ONLINE SERVICES.
SMT, ITS AFFILIATES, AND ITS
SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES
ARISING OUT OF OR RELATING IN ANY WAY TO THIS WEBSITE, THE SMT ONLINE SERVICES,
OR ANY THIRD PARTY SITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS
WEBSITE, THE SMT ONLINE SERVICES, AND/OR ANY THIRD PARTY SITES IS TO STOP USING
THE WEBSITE(S) CONCERNED AND/OR THOSE SERVICES. SMT
DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE, THE SMT ONLINE
SERVICES AND/OR ANY THIRD PARTY SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR ANY THIRD PARTY SITES, OR
THE SERVERS THAT MAKE THEM AVAILABLE, ARE OR WILL BE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. SMT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS WEBSITE, THE SMT
ONLINE SERVICES, OR ANY THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS,
ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. YOU (AND NOT SMT) ASSUME THE
ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR, OR CORRECTION OF ANY SUCH MATERIALS.
FOR THE AVOIDANCE OF DOUBT,
SMT MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING HOW OFTEN THE MATERIALS OR
INFORMATION POSTED ON THIS WEBSITE WILL BE UPDATED (IF AT ALL) OR THE NUMBER OR
IDENTIFICATION OF THE RECORDING ARTISTS OR OTHER INDIVIDUALS (IF ANY) THAT WILL
BE FEATURED ON THIS WEBSITE.
VOID WHERE PROHIBITED
Although this website is
accessible worldwide, not all products or services discussed or referenced on
this website are available to all persons or in all geographic locations. SMT
reserves the right to limit, in its sole discretion, the provision and quantity
of any product or service to any person or geographic area it so desires. Any
offer for any product or service made in this website is void where prohibited.
LICENSE TO STEPHEN MICHAEL THORNTON
By posting messages,
uploading files, inputting data, or engaging in any other form of communication
through this website, you are granting SMT a royalty-free, perpetual,
non-exclusive, unrestricted, worldwide license to: (1) use, copy, sublicense,
adapt, transmit, publicly perform, or display any such communication; and (2)
sublicense to third parties the unrestricted right to exercise any of the
foregoing rights granted with respect to the communication.
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.
MAKING PURCHASES
If you wish to purchase
products or services described on this website, you may be asked to supply
certain information including credit card or other payment information. You
agree that all information that you provide will be accurate, complete, and
current. You agree to pay all charges, including shipping and handling charges,
incurred by users of your credit card or other payment mechanism at the prices
in effect when such charges are incurred. You will also be responsible for
paying any applicable taxes relating to your purchases. (Click here to see the SMT privacy policy.)
INDEMNIFICATION
You agree to indemnify,
defend, and hold harmless SMT and its affiliated companies, officers,
directors, employees, agents, licensors, and suppliers from and against all
losses, expenses, damages, and costs, including reasonable attorneys' fees,
resulting from any violation by you of these Terms and Conditions. SMT reserves
the right to assume the exclusive defense and control of any matter subject to
indemnification by you.
LITIGATION ISSUES
This Agreement is entered
into in the State of New York and shall be governed by, and construed in
accordance with, the laws of the State of New York, exclusive of its choice of
law rules. Each party to this Agreement submits to the exclusive jurisdiction
of the state and federal courts sitting in the Borough of Manhattan in the City
of New York in the State of New York, and waives any jurisdictional, venue, or
inconvenient forum objections to such courts. Each party to this Agreement
further agrees as follows: (i) any claim brought to
enforce this Agreement must be commenced within two (2) years of the cause of
action accruing; (ii) no recovery may be sought or received for damages other
than out-of-pocket expenses, except that the prevailing party will be entitled
to costs and attorneys' fees; (iii) any claim must be brought individually and
not consolidated as part of a group or class action complaint.
MISCELLANEOUS
In the event that any of the provisions of this Agreement are held by a court or
other tribunal of competent jurisdiction to be unenforceable, such
provisions shall be limited or eliminated to the minimum extent necessary so
that this Agreement shall otherwise remain in full force and effect.
This Agreement constitutes
the entire agreement between the parties hereto pertaining to the subject
matter hereof, and any and all written or oral agreements heretofore existing
between the parties hereto with respect to the subject matter of this Agreement
are expressly canceled. SMT may modify the terms of this Agreement by posting
notice of such modification on the page of this website entitled "Legal
Notices" or "Legal Information" (or similar title) before the
modification takes effect.
DESIGNATED AGENT UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT
The Digital Millennium
Copyright Act (DMCA) provides a mechanism for notifying service providers of
claims of unauthorized use of copyrighted materials. Under the DMCA, a claim
must be sent to the service provider's Designated Agent. If you believe in good
faith that SMT should be notified of a possible online copyright infringement
involving any SMT website, please notify SMT's designated agent: W. Michael
Thornton, Esq., Business and Legal Affairs Department, Thornton Law Group, N
14902 Florida Ave Tampa, FL 33612 (813) 969-2300 Thornton_Law@yahoo.com
Please be aware that, in
order to be effective, your notice of claim must comply with the detailed
requirements set forth in the DMCA. You are encouraged to review them (see 17
U.S.C. Sec. 512(c)(3)) before sending your notice of
claim.