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Please read these Terms and Conditions
carefully before using this Site. By using this Site, you agree
to these Terms and Conditions. If you do not agree to them,
do not use this Site.
The materials and information on this Site are provided by
Backaudio. ("Backaudio")
as a service to its customers and may be used for informational
purposes in connection therewith only. All Backaudio materials
and products contained or referenced on this Site, unless
otherwise indicated, are protected by law including, but not
limited to, copyright, trademark and other state, national
and international laws and regulations. Backaudio enforces its
intellectual property and other rights to the fullest extent
of the law. Information and materials obtained from or through
this Site may not be modified, copied, used to create derivative
works, transmitted, reproduced, displayed, sold, licensed,
uploaded, downloaded, redelivered through "framing"
technology, published or distributed in any way, without Backaudio's
prior written permission. Except as expressly provided herein,
Backaudio does not grant any express or implied right to you under
any patents, copyrights, trademarks, or trade secret information.
"Continuous Computing", "Backaudio" and other
names of Backaudio's products and/or services referenced in this
Site are trademarks or registered trademarks of Backaudio. Other
product and company names mentioned herein may be the trademarks
of their respective owners. You agree that you will not use
this Site for any purpose that is unlawful or prohibited by
these Terms and Conditions. If any part of these Terms and Conditions is determined to
be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability
limitations set forth herein, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original
provision and the remainder of these Terms and Conditions
shall continue in effect.
By agreeing to these Terms and Conditions, you agree to defend
and indemnify Backaudio and hold it harmless from and against any
and all claims, proceedings, damages, injuries, liabilities,
losses, costs, and expenses (including reasonable attorneys'
fees and litigation expenses), relating to or arising from
your use of this Site or any breach by you of these Terms
and Conditions. These Terms and Conditions constitute the entire agreement
between the user or customer and Backaudio with respect to the
subject matter hereof, this Site and the information available
in connection herewith, and supersede all prior or contemporaneous
communications and proposals, whether electronic, oral or
written, between the user or customer and Backaudio relating to
such matters (unless Backaudio has entered into a separate written
agreement with a customer or user concerning Backaudio products,
in which case such separate written agreement shall continue
in full force and effect until terminated as provided therein).
No waiver by Backaudio of any right under or with respect to these
Terms and Conditions will be deemed to be either a waiver
of any other such right or provision or a waiver of that same
right or provision at any other time. A printed version of
these Terms and Conditions and of any related notice or communication
given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to these
Terms and Conditions to the same extent and subject to the
same conditions as other business documents and records originally
generated and maintained in printed form. Any rights not expressly
granted herein are reserved. SEE ELSEWHERE AT THIS SITE THE SEPARATE WARRANTY INFORMATION
WHICH APPLIES TO ALL BACKAUDIO PRODUCTS AND INFORMATION AND
IS INCORPORATED HEREIN BY REFERENCE AND MADE A PART HEREOF.
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