TERMS & CONDITIONS

By using the website deryckwhibley.net you signify your consent to the following Terms & Conditions of use.  Please read these terms carefully as they contain important legal information and conduct applicable to this website.  Access to this website and its related services is provided subject to your compliance with the following Terms & Conditions.  If you do not agree to these terms of use, please do not use this website.

This website (the “Site”) is owned and operated by Rectum Renovator Music (referred to as “we,” “us” or “our” herein) for your personal entertainment, information, education and communication. We welcome you to browse our Site, but want you to know that your access to, and use of, the Site is subject to the following terms and conditions (“Terms & Conditions”) and all applicable laws.  By accessing and browsing the Site, you accept, without limitation or qualification, the Terms & Conditions.

IF YOU ARE USING THE SITE WITHIN A COMPANY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE COMPANY AND YOU ACKNOWLEDGE THAT THE RIGHTS TO USE THE SITE WHICH ARE GRANTED TO YOU AND THE COMPANY UNDER THIS AGREEMENT ARE EXPRESSLY CONDITIONED UPON ACCEPTANCE BY SUCH AUTHORIZED PERSONNEL OF THE COMPANY.

We have the right at any time to modify or add to these Terms & Conditions, effective immediately upon notice thereof, which may be given by any means, including but not limited to posting on the Site a revised version of these Terms & Conditions.  If any such change is unacceptable to you, you may discontinue your use of the Site.  You agree to periodically review the Terms & Conditions to be aware of such revisions. Your use of the Site may also be subject to additional rules or regulations we may post to this site or different terms or conditions imposed by third party content providers in connection with third party content, products or services accessible through the Site.

It is up to you to fully understand the risks and threats of using the public Internet, and to be sufficiently aware of those risks to adequately protect your confidential information.  You should exercise care when using the Internet.  You should seek professional advice on protecting your privacy and evaluating the security of the information systems you are using. 

RESTRICTIONS ON USE OF MATERIALS

The Site contains material which is protected, nationally and internationally, by copyright, trade-mark, and other intellectual property laws.  Material on the Site is made available solely for your personal non-commercial use.  No material (including without limitation the text, data, graphics, logos, images, links, digital downloads, data compilations, audio and/or video) from www.deryckwhibley.net or any website owned, operated, licensed or controlled by us and/or by our affiliates and no software (including without limitation any images or files incorporated in or generated by the software or data accompanying such software) (individually and collectively the “Materials”) may be copied, reproduced, republished, modified, uploaded, downloaded, posted, transmitted, or distributed in any way, including without limitation by email or other electronic means, or decompiled, reverse engineered or disassembled.  Modification of the Materials or use of the Materials for any purpose is a violation of our and/or one or more third party’s copyright, trade-mark and/or other proprietary rights.  The use of any such Materials on any other website or networked computer environment is prohibited without our express written consent.

THIRD PARTY SITES

We may provide links and pointers to Internet sites maintained by others (“Third Party Sites”) and may from time to time provide Third Party Materials on the Site.  We have not reviewed all Third Party Sites that may be linked to the Site and we are not responsible for the content of, or any products or services offered in, such Third Party Sites.  Please review the terms of use and privacy policies governing those Third Party Sites and if you do not agree to be bound by the Third Party Site’s terms, we recommend that you discontinue use of that site.

JURISDICTIONAL ISSUES

Unless otherwise specified, the materials in the Site are presented solely for the promotion of music and other products available in the State of California.  We control and operate this Site from our offices within Los Angeles, California.  We make no representation that materials in the Site are appropriate or available for use in other locations.  Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.  Although the Site is available worldwide, not all products or services discussed or referenced are available to all persons in all geographic locations.  We reserve the right and sole discretion to limit the provision of any product or service to any person or geographic area we desire.  Any offer for a product or service made in the Site is void where prohibited.

TERMINATION

This agreement is effective until terminated by either party.  You may terminate this agreement at any time by destroying all materials obtained from the Site and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from us if, in our sole discretion, you fail to comply with any term or provision of this agreement.  Upon termination, you must destroy all materials obtained from the Site and any and all of our other sites and all copies thereof, whether made under the terms of this agreement or otherwise.

DISCLAIMER

Your use and browsing of the Site is at your risk.  If you are dissatisfied with any of the Materials contained in the Site, or with any of these Terms & Conditions, your sole and exclusive remedy is to discontinue accessing and using the Site.  We do not warrant that the functions contained in the materials will be uninterrupted or error-free, and/or that defects will be corrected.  We do not warrant or make any representations regarding the use or the results of the use of the materials in this Site in terms of their correctness, accuracy, reliability, or otherwise.  You (and not us) assume the entire cost of all necessary servicing, repair or correction.  Certain of the disclaimers/limitation herein may be superseded by applicable local law.

WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. 

You specifically acknowledge and agree that we and/or our affiliates are not liable for any defamatory, offensive or illegal conduct of any user.  We assume no responsibility, and shall not be liable for any damages to, or viruses or other harmful components that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or the server that makes it available, or your downloading of any Materials from the Site.

INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless, us and our affiliates, from and against all claims, liability, losses, expenses, damages, and costs including all legal fees and costs arising out of (i) any violation by you of these Terms & Conditions; or (ii) your use of the Site, and the content contained in the Site.  We reserve the right and sole discretion to assume the exclusive defense and control of any matter subject to indemnification by you.  You will co-operate as fully and reasonably required in the defense of any claim.

LIMITATION OF LIABILITY

IN NO EVENT SHALL WE, OUR AFFILIATES, LICENSORS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SITE BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, RELIANCE, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE OR THE MATERIALS CONTAINED WITHIN THE SITE, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS OR LOST REVENUES, HOWEVER SUCH DAMAGES ARE CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY WHETHER OR NOT WE, OUR AFFILIATES, LICENSORS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SITE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE, OUR AFFILIATES, LICENSORS, SUPPLIERS AND ALL OTHER PARTIES INVOLVED WITH THE CREATION, PRODUCTION OR DELIVERY OF THE SITE FURTHER SHALL NOT BE RESPONSIBLE FOR DAMAGE RESULTING FROM UNAUTHORIZED ACCESS BY THIRD PARTIES TO OTHER PARTY’S TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS OR DESTRUCTION OF NETWORK SYSTEMS, APPLICATIONS, DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD UNLESS SUCH DAMAGE IS CAUSED BY AN INTENTIONAL ACT OF US, OUR AFFILIATES, LICENSORS, SUPPLIERS OR THIRD PARTIES INVOLVED WITH THE CREATION, PRODUCTION OR DELIVERY OF THE SITE. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN SHALL APPLY EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN THE EVENT YOU TRANSMIT, INTRODUCE, OR OTHERWISE CAUSE ANY TECHNICAL DISRUPTION OF OUR SITE OR THE SERVICES TRANSMITTING OUR SITE TO YOU, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES AND COSTS (INCLUDING REASONABLE LEGAL FEES) ARISING FROM ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES BASED UPON SUCH TECHNICAL DISRUPTIONS. FOR PURPOSES OF THIS AGREEMENT, “TECHNICAL DISRUPTION” MEANS DISTRIBUTION OF UNSOLICITED ADVERTISING OR CHAIN LETTERS, PROPAGATION OF COMPUTER WORMS, VIRUSES OR OTHER HARMFUL CODE, AND/OR USING THE SITE TO MAKE UNAUTHORIZED ENTRY TO ANY OTHER MACHINE ACCESSIBLE VIA THE SITE.  YOU ARE FURTHER SOLELY RESPONSIBLE FOR THE CONTENT OF ANY TRANSMISSIONS USING THE SITE AND AGREE NOT TO UPLOAD, POST OR OTHERWISE MAKE AVAILABLE ON THE SITE ANY MATERIAL PROTECTED BY A PROPRIETARY RIGHT OF A THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS PERMISSION OF THE OWNER OF SUCH PROPRIETARY RIGHT YOU SHALL BE SOLELY LIABLE FOR ANY DAMAGES, LOSSES COSTS OR EXPENSES (INCLUDING REASONABLE ATTORNEYS FEES) ARISING OUT OF INFRINGEMENT OF PROPRIETARY RIGHTS OR ANY OTHER HARM ARISING FROM THE UPLOADING, POSTING OR OTHER SUBMISSION OF MATERIALS BY YOU OR OTHER MISUSE OF THE SITE.

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages so the above limitation or exclusion may not apply to you.  In no event shall our total liability to you if any for all damages, losses, and causes of action, whether in contract, tort (including without limitation negligence), or otherwise exceed the amount paid by you, if any, for accessing the Site.

MISCELLANEOUS

This agreement shall be governed by and construed in accordance with the laws of the State of California and the federal laws of the United States, as applicable, without giving effect to any principles of conflicts of law.  If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions, and the Agreement shall otherwise remain in full force and effect.

These Terms of Use constitute the entire agreement between the parties relating to the subject matter herein.  If any provision of this Terms of Use agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.

PRIVACY & DISCLOSURE

Use of this Site is also governed by our Privacy Policy.  You agree that you have read and accept the terms of our Privacy Policy.

CONTACT

To contact us in connection with these Terms & Conditions or the Site, please use the information below:

DeryckWhibley.net
1100 Glendon Avenue, Suite 2000
Los Angeles, California  90024
TheSum41Email@gmail.com

IF YOU DO NOT AGREE TO THE FOREGOING TERMS AND CONDITIONS OR ARE NOT AUTHORIZED TO ENTER INTO THESE TERMS AND CONDITIONS, PLEASE EXIT THE SITE IMMEDIATELY.

© 2012 Rectum Renovator Music.  All rights reserved.

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