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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. "Backaudio"
and other names ofBackaudio'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. IIf 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unenforceable provision will be deemed superseded by a valid,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.
This Site and all of its contents are Copyright, 2004, Backaudio.
All rights reserved.
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