Notices specific to the documentation on the BobMarleyFoundation.org Web Site.
Permission to use documents and related graphics available from this server (“Server”) is granted, provided that:
- copyright notice appears in all copies and that both the copyright notice and this permission notice appear;
- use of documentation and/or related graphics available from this Server are for informational and non-commercial or personal use only; and
documentation and/or related graphics available from this Server are not modified in any way.
Neither BobMarleyFoundation.org nor its partners makes representations about the suitability of the information contained in the documents and/or related graphics published on this Server for any purpose. All such documents and/or related graphics are provided “as is” without warranty of any kind. BobMarleyFoundation.org and its partners disclaims all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall BobMarleyFoundation.org and its partners be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this Server.
The documentation and/or related graphics published on this Server could include technical inaccuracies, obsolete issues or typographical errors. Changes are periodically added to the information herein. Bob Marley Music Inc. and its partners may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time, in addition to necessary changes reflected in those descriptions themselves.
Messages submitted to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like are, and will be treated as, non-confidential and nonproprietary. By submitting a Message to the Site, you acknowledge that any information disclosed by you therein (i) may be used by any third party; (ii) is not confidential and may be read or intercepted by others; (iii) creates no confidential, fiduciary, contractually implied or other relationship between you and the Operators other than as expressly set forth in these Terms of Service; and (iv) is subject to the grant of Rights to the Operators described in Section 5 below.
By transmitting any Message or submitting creative ideas, concepts, know-how, techniques, suggestions or materials (each, a “Submission” and, collectively, “Submissions”), you are granting the Operators a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, without limitation, advertising and promotional purposes (collectively, “Rights”). This means that anything submitted by you on or to the Site will be owned exclusively by the Bob Marley Foundation and may be used by the Bob Marley Foundation for any purpose, now or in the future, without any payment or other obligation to you. All Submissions, whether solicited or unsolicited, shall become and remain the exclusive property of the Operators. The Operators shall also have the absolute right, but not the obligation, to use your name in connection with the broadcast, print, online or other use or publication of your Submission without seeking or receiving your further consent.
A. Solicited Submissions: At times, the Operators may solicit Submissions from visitors to the Site, including, without limitation, information, ideas, artwork or other materials. It is our practice to post notices on the Site regarding our planned use of such materials where we solicit the Submission. Your provision of information in response to such a solicitation is a grant by you to the Operators of the Rights described above.
B. Unsolicited Submissions: Although we welcome your comments regarding, and your ideas and proposals for the Site, it is the Operators’ policy not to accept or consider any Submissions that are unsolicited. We hope you will understand that the intent of this policy is to avoid the possibility of future misunderstandings, legal or otherwise, when creative ideas, concepts or materials developed by the Operators might appear to be similar to your Submission(s). Accordingly, we must ask that you do not send us any unsolicited Submissions via the Site or otherwise; we assume no responsibility for reviewing such Submissions and we will not incur any liability as a result of any similarities between your Submissions and future the Bob Marley Foundation designs, products, programs or otherwise. In the event you do submit unsolicited Submissions, such Submissions shall be deemed, and shall remain, the property of the Operators. As is the case with solicited Submissions, the submission of any unsolicited Submission shall constitute a grant by you to the Operators of the Rights described above.
The following restrictions (“Linkage Restrictions”) apply to all links to the Site from any on-line, cable, wireless or other Site, service or browser:
A. On-line, cable, wireless or other Sites, services or browsers created by, licensed by or substantially associated with any entity that regularly promotes any product (e.g., apparel or computers), brand (e.g., Nike or Pepsi) or service (e.g., Internet service providers or ticket sellers) (each, a “Commercial Site” and, collectively, “Commercial Sites”) may not link to the Site without the written permission of the Operators, even if the page/area where the link originates does not promote a product, brand or service.
B. Sites, services or browsers other than Commercial Sites (e.g., fan sites, chamber of commerce sites, search engine sites, widely available Internet browsers) (each, a “Permissible Site” and, collectively, “Permissible Sites”) may link to the Site without the express written permission of the Operators if such link is: (i) a “word” (as opposed to a “logo”) link (e.g., “The Official Website of Bob Marley”); and (ii) spatially separated from, and not otherwise associated with, any sponsorship advertising, or other commercial text or graphics that may be on the page/area containing such word link.
C. The Site logo, or any other logo of the Bob Marley Foundation (a “logo” link) may not be used as or to link to the Site without the express written permission of the Operators.
D. No link to the Site may be “framed” by the Permissible Site where the link originated if such “frame” contains any sponsorship, advertising or other commercial text or graphics.
E. The posting or creation of any link to the Site signifies that you have read these Linkage Restrictions and agree to abide by their terms.
Dealings With Advertisers
Your correspondence or business dealings with advertisers, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods and/or services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such advertiser. You agree that the Operators shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
Disclaimer Of Warranties And Damages; Limitation Of Liability
While the Operators use reasonable efforts to include accurate and up to date information in the Site, the Operators make no warranties or representations as to its accuracy. The Operators assume no liability or responsibility for any errors or omissions in the content of the Site. The Operators make no representation that the materials contained in the Site are appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. If you choose to access the Site, you do so on your own initiative and risk and are responsible for compliance with all applicable laws.
The materials in this site are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, the operators disclaim all warranties, express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. The operators do not warrant or represent that the information contained in the site is accurate, complete, correctly sequenced, reliable or timely, or that the site will be uninterrupted or secure or free of errors and/or viruses. You specifically acknowledge that the operators are not liable for the defamatory, offensive or illegal conduct of other users of the site or third-parties and that the risk of injury from the foregoing rests entirely with you. You use the site at your sole risk.
Under no circumstances will the operators be liable, including, without limitation, for breach of contract, tort or negligence, for any direct, indirect, incidental, special, punitive, exemplary, or consequential damages (including lost profits) that arise out of or in connection with any failure of performance, errors, inaccuracies, omissions, defects, untimeliness, interruption, deletion, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, or unauthenticity of any content in the site, or the use or inability to use this site or any content therein. In no event shall the operators aggregate liability to you for any loss, damage or claim related to or arising out of this site exceed the total amounts paid by you for accessing this site, if any.
The Site is subject to transmission limitations of the Internet, including, but not limited to, video and/or audio dropouts, rebuffering or loss of connection. A broadband Internet connection is required to view certain video content.
The Site may contain links and pointers to other World Wide Web sites, resources, and advertisers. Links to and from the Site to other sites, maintained by third parties, do not constitute an endorsement by the Operators or any affiliate of any third party site or content. The Operators are not responsible for the availability of these third party resources, or their contents. The Operators have not reviewed any or all of the sites linked to the Site and are not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to the Site, off-site pages or other sites is at your own risk and without the permission of the Operators. By clicking on any such link, you acknowledge that the Site has no control over, and makes no representations of any kind with respect to, such other sites or any content contained within such other sites, and you hereby revoke any claim against the Operators with respect to such other sites. You should direct any concerns regarding any external link to its site administrator or Webmaster.
Your correspondence or business dealings with, or participation in promotions of, advertisers and vendors found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or vendor. You agree that the Operators shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors on the Site or in connection with the Site. All of your business dealings with vendors and advertisers appearing on or through the Site shall be at your sole risk.
The Operators may give notice to users of the Site by means of a general notice on the Site, electronic mail to a user’s e-mail address if on record, text message to a user’s mobile telephone if on record, or by written communication sent by first class mail to a user’s address if on record. You may give notice to the Operators (such notice shall be deemed given when received) by any of the following means:
Notice And Procedure For Making Claims Of Copyright Infringement
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”), the Operators have designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to the Site (the “Designated Agent”). All such notifications relating to the Site must be submitted in a manner consistent with the DMCA to the following Designated Agent:
You hereby agree to indemnify and hold the Bob Marley Foundation, operators, directors, officers, employees, shareholders, agents, co-branders, licensors, affiliates and representatives harmless from all demands, claims, liabilities, damages and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to: (i) your use of the Site, including, without limitation, use of any Message Feature or the Store; and (ii) any breach or alleged breach of these Terms of Service; (iii) your connection to the Site; and (iv) your violation of any rights of another.
Termination Of Service
The Operators may, in their sole discretion, change, suspend or discontinue any aspect of the Site at any time with or without notice, including the availability of any Site feature, database, or content. The Operators may also cancel your registration password, or impose limits on certain features and services or restrict your access to parts of the Site, or the entire Site, with or without notice, and without liability, at any time, in the Operators’ exclusive discretion, without prejudice to any legal or equitable remedies available to the Operators, for any reason or purpose, including, but not limited to, conduct that the Operators believe violates these Terms of Service or other policies or guidelines posted on the Site or conduct which the Operators believe is harmful to other customers, to the Operators’ respective businesses, or to other information providers. Upon any termination of these Terms of Service, you shall immediately discontinue your use of the Site and destroy all materials obtained from it.
These Terms of Service constitute the entire agreement between the parties, and supersedes all prior and contemporaneous written or oral agreements, proposals or communications with respect to the subject matter herein between you and the Operators. The Operators in their sole discretion may amend these Terms of Service, and your use of the Site after such amendment is posted on the Site will constitute acceptance of it by you. The section headings in these Terms of Service are for convenience only and must not be given any legal import. If any provision of these Terms of Service is held by a court of competent jurisdiction to be unlawful, void, invalid or unenforceable, the remaining provisions shall remain in full force and effect. The Operators’ failure to exercise or enforce any rights or provision of these Terms of Service shall not constitute a waiver of such right or provision. You agree that, except as nay be otherwise expressly provided in these Terms of Service, there shall be no third party beneficiaries to these Terms of Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Service must be filed within one year after such claim or cause of action arose or be forever barred.
By using the Site, you signify your agreement to these Terms of Service in their entirety. If you do not agree with the terms included herein, you must not use the Site. The Operators may change these Terms of Service at any time and in any manner, and your use of the Site after such changes are posted shall be deemed to indicate your acceptance thereto.