Acceptance of Terms and Use
This Agreement was last modified on January 1, 2009.
Welcome to www.TexasMusicStar.com. Your use of this Service (as defined below) and any materials accessed herein indicates your full understanding and acceptance of the Terms and Conditions of Use (referred to as "Agreement"). This Agreement may be updated at any time without notice. Your use of the Service is also subject to additional guidelines or rules posted in certain areas of the Service. Texas Music Star may also provide products or services that are governed by supplemental Terms of Use. Any additional guidelines, rules and supplemental Terms of Use are incorporated into this Agreement by reference. Failure to comply in full will result in cessation of access and use privileges and may result in legal actions taken against the offending individuals and organizations at our discretion. We reserve the right to block your access to Service for violation of this Agreement. You agree to review the Agreement periodically to be aware of such modifications. Your continued use of the Service constitutes acceptance of the changes.
DESCRIPTION OF SERVICES
You may use the www.TexasMusicStar.com Web site, contents, and servers running on networks (herein referred to as "Service") operated by Texas Music Star for the purpose of accessing data and information ("Data" as defined below) which are available according to strict compliance to Terms and Conditions of Use.
DEFINITIONS
"www.TexasMusicStar.com" means the content and services provided via the www.TexasMusicStar.com Web site.
"www.TexasMusicStar.com et al" means Texas Music Star, its affiliates, agents, information providers, and licensors.
The word "User(s)" means any Person visiting www.TexasMusicStar.com, also referred to as "you" or "yours".
The word "Person(s)" means any natural person, proprietorship, corporation, partnership, or other entity whatsoever.
The word "Data" means certain data and other information including the written word, instruments, charts, graphs, algorithms, ratings, rankings, products, vehicles or devices, or relating to Persons, or gathered by www.TexasMusicStar.com from other sources.
The word "or" includes the word "and".
The phrase "Claims or Losses" means any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs, judgments, settlements, and expenses of whatever nature, whether incurred by or issued against an indemnified party or a third party, including, without limitation, (1) indirect, special, punitive, consequential or incidental loss or damage, (including, but not limited to, trading losses, loss of anticipated profits, loss by reason of shutdown in operation or increased expenses of operation, or other indirect loss or damage) and (2) administrative costs, investigatory costs, litigation costs, and auditors' and attorneys' and fees and disbursements (including in-house personnel).
TRADEMARK AND COPYRIGHT OWNERSHIP NOTICE
All trademarks used herein are the exclusive property of their respective trademark owners and may not be used in any way without written consent of owner.
www.TexasMusicStar.com contains proprietary, original content that is protected by U.S. copyright and international treaties. Texas Music Star retains all intellectual property rights. Texas Music Star will pursue legal action against anyone who misappropriates its name or marks for commercial use. This notice constitutes fair warning. Copyright 2008 Texas Music Star, Flower Mound, Texas. All rights reserved.
PROPRIETARY DATA AND INFORMATION
You acknowledge that the Service contains Data that is highly proprietary in nature and that unauthorized copying, transfer or use may cause Texas Music Star or its affiliates, agents, information providers, and licensors irreparable injury that cannot be adequately compensated for by means of monetary damages. You agree that any breach of the Agreement may be enforced by Texas Music Star et al by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other available rights and remedies.
DISCLAIMER OF WARRANTIES, TERMS ANDLIABILITY
THE DATA AND INFORMATION ACCESSIBLE ON THIS SERVICE ARE PROVIDED "AS IS" AND THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH INFORMATION AND DATA. TEXAS MUSIC STAR ET AL CANNOT AND DOES NOT GUARANTEE THE ACCURACY, SEQUENCE, COMPLETENESS, TIMELINESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION OR DATA MADE AVAILABLE THROUGH THE SERVICE OR BY ANY FORCE MAJEURE OR ANY OTHER CAUSE BEYOND THEIR REASONABLE CONTROL. TEXAS MUSIC STAR ET AL SHALL NOT BE LIABLE TO YOU OR TO ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY ITS NEGLIGENCE, OMISSION IN PROCURING, COMPILING, INTERPRETING, EDITING, WRITING, REPORTING, TRANSMITTING OR DELIVERING ANY INFORMATION OR DATA THROUGH THIS SERVICE OR FOR INTERRUPTION IN ANY SUCH DATA. IN NO EVENT WILL TEXAS MUSIC STAR ET AL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON SUCH INFORMATION OR DATA OR FOR ANY CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, DAMAGES RESULTING FROM INCONVENIENCE, OR LOSS OF USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SERVICE MAY BE DISCONTINUED OR LIMITED AT ANY TIME.
ACCESS/INTERFERENCE/MODIFICATION/LINKS/FRAMES
You may not frame or utilize framing techniques that involve any trademark, logo, copyrighted material or other proprietary information (including videos, images, text, page layout, or form) of any portion of www.TexasMusicStar.com without our express written consent. In addition, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through www.TexasMusicStar.com, not to use any device, software or routine to interfere or attempt to interfere with the proper working of Service, not to take any action that imposes an unreasonable or disproportionately large load on the www.TexasMusicStar.com infrastructure, and not to use any data mining, robot, spider, crawler, cancelbots, Trojan horse, or any data gathering or extraction method or manual process to facilitate the misuse of www.TexasMusicStar.com.
DISSEMINATION DISCONTINUANCE OR MODIFICATION
You understand that, at any time, www.TexasMusicStar.com may discontinue disseminating any category of Data, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. You shall not hold Texas Music Star et al liable for any resulting liability, loss or damages that may arise therefrom. You acknowledge that www.TexasMusicStar.com, in its sole discretion, may from time to time make modifications to its system, the Service, or Data.
COPYRIGHT/REDESSEMINATION PROHIBITED
All of the information, content, services and software displayed on, transmitted through, or used in connection with www.TexasMusicStar.com, including for example videos, reviews, text, photographs, images, illustrations, html, source and object code, software, data, and the like (collectively, the "Content"), as well as its selection and arrangement, is owned by Texas Music Star, and its affiliated companies, licensors and suppliers. Texas Music Star actively protects its rights to the Content to the fullest extent of the law. You may not use such material except as provided in this Agreement.
You may use the Content online and solely for your personal, non-commercial use. No other use is permitted. You may not, for example, republish the Content on any Internet, Intranet or Extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any of the Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content without the written consent of Texas Music Star.
DURATION/SURVIVAL
This Agreement remains in effect for so long as you have the ability to receive Data as contemplated by this Agreement. Paragraphs INTELLECTUAL PROPERTY NOTICES, PROPRIETARY DATA AND INFORMATION and DISCLAIMER OF WARRANTIES, TERMS AND LIABILITY survive termination of this Agreement. If any of the provisions of this Agreement, or application thereof to any Person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provisions to Persons or circumstances other than those as to which they are held invalid or unenforceable, shall not be affected thereby and each such term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
Natural persons executing this Agreement warrant and represent that they are at least eighteen (18) years of age. Users and the Person executing this Agreement on behalf of any User that is a proprietorship, corporation, partnership or other entity, represent that such Person is duly authorized by all necessary and appropriate corporate or other action to execute the Agreement on behalf of User. This Agreement shall be deemed to have been made in the United States in Flower Mound, Texas and shall be construed and enforced in accordance with, and the validity and performance shall be governed by, the laws of Texas, without reference to principles of conflicts of laws thereof. User hereby consents to submit to the jurisdiction of the courts of or for Flower Mound, Texas in connection with any action or proceeding instituted relating to this Agreement.
Under the penalties for perjury, you understand that by using the Service You certify that You have read and understand the above and agree to the terms and conditions.
