1. Introduction
FutureMusicStars.com and its affiliates (collectively "FMS") provide this website ("Site") and its contents as a convenience intended to facilitate the business or other relationship between You and FMS ("You" and "Your" refer to the entity through which you conduct business with FMS, whether a corporation, individual, partnership, proprietorship or otherwise). Your access and/or use of this Site signifies that You agree to be bound by these Site Terms of Use and the Privacy Policy. If You do not agree with these Site Terms of Use and the Privacy Policy, You should immediately cease use of the Site and the services and cease use of all information and materials you obtained through the Site. While FMS uses reasonable efforts to include accurate and up-to-date information in this Site, FMS makes no warranties or representations as to its accuracy, currentness or completeness. Your use of this Site is at your own risk.
2. Intellectual Property
FMS maintains this Site to provide information to its customers and the general public. You should assume that everything you see or read on the Site is copyrighted and may not be used without the prior written permission of FMS. Similarly, the trademarks, logos, and service marks (collectively "trademarks") displayed on the Site, including FMS, are registered and unregistered trademarks of FMS and others. You have no license or right to use any trademark displayed on the Site, or any license under any patent or patent application or proprietary information of FMS without the prior written permission of FMS or such third party owner. You may not distribute, modify, transmit, re-use, report or use the contents of this Site for public or commercial purposes including the text images and any other features without FMS's prior written permission.
3. Disclaimer of Warranty
FMS provides the Site "as is," and without warranty or condition of any kind either express or implied, including but not limited to, any implied warranties of merchantability and fitness for a particular purpose or arising from a course of dealing, usage or trade practice. Without limiting the foregoing, FMS does not warrant that the Site or Your use of the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the servers that make it available are free from viruses or other harmful components.
4. LIMITATION OF LIABILITY
NEITHER FMS NOR ANY THIRD PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE MATERIALS IN THE SITE OR THE MATERIALS IN ANY SITES LINKED TO THE SITE, EVEN IF FMS OR A FMS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. User Authored Content
Although FMS may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the Site, FMS is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information contained within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. FMS reserves the right to disclose the identity of anyone posting any such information or materials to any governmental authority and willfully co-operate with any governmental authority inquiring about such posting.
6. Site Access
FMS may discontinue operation of all or portions of this Site at any time in its sole discretion without notice.
7. Access Codes
All access codes, user identification numbers and other passwords or security items issued to or provided by You are referred to herein as "Codes." You are solely responsible for the use and protection of the Codes and You agree to take all reasonable precautions to protect the security and integrity of the Codes and to prevent unauthorized use thereof. If You become aware of any unauthorized access or use of the Codes, You agree to immediately notify FMS.
8. Modification
FMS may at any time revise these Site Terms of Use. The amended terms will be effective upon posting on the Site. Your continued use of the Site and/or the services indicates Your continued agreement to be bound thereby.
9. Applicable Law
Any claims or suits associated with the Site or its use shall be governed and construed in accordance with the laws of the state of Colorado, excluding its conflicts of laws principles.
The Site is operated by FMS and all rights thereto are owned and reserved by FMS.
The Site made available and the software made available on this Site are provided to the User "as is" and without guarantees or representations of any kind (express or implied) or any liability to the fullest extent permissible pursuant to applicable law. Except in case of willful misconduct, FMS shall not be liable for any damages that have been caused by or in connection with the use of the Site. In any case FMS shall not be responsible for and disclaims any liability for any indirect, incidental, consequential and special damages, that have been caused by or in connection with the use of this Site.
Any product information or other information published via the Site is given to the best of FMS's knowledge. All this information shall not, however, as far as legally permissible, create any guarantee or representation of any kind or any liability of FMS and shall not relieve the User from undertaking its own investigations and tests.
Except as otherwise specifically provided in writing, FMS's General Conditions of Sale shall not be altered by the Site, its content, materials and information.
Without liability whatsoever FMS may without notice modify and/or discontinue operation of all or portions of this Site at any time in its sole discretion, and assumes no responsibility to update the Site.
Links to third-party sites ("Hyperlinks") do not constitute an endorsement of such third-party sites by FMS and FMS is not responsible for the availability of these sites or their contents. The hyper linking to these sites is at the User's own risk.