Your use of AlionaMedia.com websites ("Website") as well as any physical and/ or digital products (collectively "Products") owned or distributed by AlionaMedia.com, its parent company, subsidiaries and affiliates (collectively, "AlionaMedia.com" or "we" or "us") is governed by the following terms and conditions (the "Terms and Conditions"): The Website is provided, maintained and managed by Caber Group LLC. and its affiliates. We may amend the Terms and Conditions at any time without notice by posting such changes on the Website.
As a condition for accessing and or using the website including registering for an account, accessing website content, submitting feedback through the website, you hereby accept and agree to these Terms and Conditions and to abide by all rules, restrictions, terms and conditions contained in these Terms and Conditions.
BY LOGGING INTO THE WEBSITE, ACCESSING OR USING ANY PART OF THE WEBSITE, YOU REPRESENT THAT YOU HAVE THE AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE COMPLIANT WITH THESE TERMS. DO NOT ACCESS OR USE THE WEBSITE IF YOU DO NOT ACCEPT TO BE SO BOUND.
1. Copyright/Trademark Information: All trademarks, logos and service marks displayed on the Website, the look and feel, design and organization of the Website, all the content, materials, code and data thereon, including but not limited to any copyrights, trademarks, patents and other intellectual property and proprietary rights therein are property of AlionaMedia.com, its associates or the property of other third-parties. Unauthorized distribution, publishing or use of the website or any content, code, data or materials on the Website, is a violation of these Terms and Conditions.
2. Access to AlionaMedia.com Website: AlionaMedia.com grants you a revocable, non-transferable, non-exclusive, limited license to access the Website solely for your own personal, noncommercial use subject to these Terms and Conditions. You shall not sell, lease, transfer, assign, host, or otherwise commercially exploit the website without prior authorization by AlionaMedia.com. You shall not change, disassemble, reverse compile or reverse engineer any part of the Website and shall not access the Website in order to copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means, any of its content without prior authorization by AlionaMedia.com. You may download or make single copies or prints of the website content for your personal, internal and non-commercial use only, unless you have been otherwise granted permission by AlionaMedia.com or the holder of the applicable rights. Any future releases, updates, or other additions to functionality of the Website shall be subject to these Terms and Conditions. You may be in violation of copyright and other United States laws, laws of other countries, as well as applicable state laws and may be subject to liability for any use of the Website, or the content, code, data or materials, except as otherwise provided above. AlionaMedia.com will to the extent permitted by law enforce its intellectual property and trademark rights.
3. Maintaining Account on AlionaMedia.com: Opening and maintaining personal account on AlionaMedia.com is not a requirement for using the Website but is encouraged to allow us ensure a high level of customer service.
4. Registering Account on AlionaMedia.com: If you chose to create your own account on the Website, you may do so by completing the online registration process on the Website. In doing so, you must provide us with accurate and complete registration information, and update it if this information changes. Following registration, we will create an account for you and assign you, or allow you to select a password.
5. AlionaMedia.com Account Passwords: You must keep your password confidential. You will be responsible for all use of your password, including, without limitation, any use by any unauthorized third party. You must notify us immediately if you believe your password may be used by any unauthorized person or entity. For security purposes, we recommend you change your password often. Under no circumstance should you respond to a request for your password. AlionaMedia.com employees will never ask for your password. You must notify us immediately if you receive such a request. We reserve the right to suspend or terminate your use of the Website if we believe that your password is being used without permission or otherwise in a manner that not permitted by this Terms and Conditions.
6. Ordering Products and Services on Alionamedia.com. We may offer products and services to both registered customers and visitors on the Website, including but not limited to music, merchandize, licenses and entertainment shows. By purchasing these products and services, you hereby represent and warrant that, you are 18 years of age or older and you agree to pay by credit/debit card or by any other payment means acceptable to AlionaMedia.com, the full prices for any purchases you make on the Website including all applicable taxes. You also agree to pay all amounts due upon demand by us if we are unable to receive payment from your credit or debit card issuer or its agents.
7. Downloading Products from AlionaMedia.com: Your use of any software products downloaded from AlionaMedia.com will be subject to the software license agreement that accompanies such software, notwithstanding any other stated or implied permissions.
10. Third-Party Links & Ads: Advertisements or links to third-party websites and services posted on AlionaMedia.com by third-parties are not under the control of AlionaMedia.com. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to third-party links and ads. You acknowledge and agree that we are not responsible for any third-party links and ads or any consequences from your use of third-party links and ads on AlionaMedia.com.
11. Other Users: AlionaMedia.com may allow User Contents from multiple users. Each user is responsible for any and all of their own User Content. Although we may from time to time monitor or review postings, transmissions and the like on the Website, we are not under any obligation to do so and you acknowledge and agree that AlionaMedia.com will not be responsible for any loss or damage incurred as a result of interactions with other users, is under no obligation to become involved in any disputes arising from such interactions and assumes no responsibility or liability for the content of any such locations on the Website.
12. No Support or Maintenance: You agree that AlionaMedia.com will have no obligation to provide you with any support in connection with the Website.
13. Prohibited Use: You warrant and agree not to use the Website to upload, post or transmit, or distribute or otherwise publish, any materials that: (i) violates any third party copyright, or other proprietary or intellectual property right; (ii) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) restrict or inhibit any other user from using and enjoying the Website (iv) is harmful to minors in any way; or (v) is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
You also warrant and agree that you shall not: (i) upload, transmit, or distribute to or through the Website any software intended to damage or alter a computer system or data; (ii) send through the Website unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use the Website to harvest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Website, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Website, whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Website; or (vi) use software or automated agents or scripts to produce multiple accounts on the Website, or to generate automated searches, requests, or queries to the Website; (vii) impersonate any person or entity or misrepresent your affiliation with any other person or entity.
You agree that if you include a link from any other website to the Website, such link shall open AlionaMedia.com or any pages of the Website in a new browser window free from any third-party framing, content, materials or branding. We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account and/or reporting you to law enforcement authorities.
You agree to defend, indemnify and hold AlionaMedia.com and its affiliates’ directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising in any way from your use of the Website, your placement or transmission of any message, content, information, software or other materials through the Website, or your breach or violation of the law or of these Terms and Conditions. AlionaMedia.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with AlionaMedia.com 's defense of such claim.
14. DISCLAIMER OF WARRANTIES: THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. ALIONAMEDIA.COM ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT OR HARM, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT FROM YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, ALIONAMEDIA.COM AND ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH ALIONAMEDIA.COM OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED BY ALIONAMEDIA.COM "AS IS", EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND ALIONAMEDIA.COM OR ITS LICENSOR OR SUPPLIER.
15. LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ALIONAMEDIA.COM OR ANY OF ITS PROTECTED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEBSITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO ALIONAMEDIA.COM FOR YOUR USE OF THE WEBSITE.
16. Modifications to the Website and the Services: We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Website, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the Website or restrict your access to part or all of the Website without notice or penalty. AlionaMedia.com reserves the right to temporarily or permanently terminate your membership on the Website for any or no reason without prior notice.
17. Notices and Communication with AlionaMedia.com: You agree to receive electronic communications from AlionaMedia.com whether through the Website or through emails, or through notices posted on AlionaMedia.com and agree that all Terms and Conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal obligation that such communications would satisfy if it were provided to you as a hard copy writing. Whenever any notice, demand or request from you to AlionaMedia.com is required or permitted under this Agreement, such notice, demand or request shall be in writing and shall be delivered in person, be sent by registered or certified mail, postage prepaid, return receipt requested, or be sent by nationally recognized commercial courier which regularly tracks its packages, to the address set forth below:
AlionaMedia.com (member Caber Group LLC).
P. O. Box 650
Lansing, IL 60436
Notices delivered in person shall be deemed to have been received on the date of delivery. Registered or certified mail shall be deemed to have been received on the third business day after mailing and Federal Express, on the second business day after deposit with the service.
18. Dispute Resolution: Please read this Arbitration Agreement carefully as it affects your rights under this contract with AlionaMedia.com. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement: All claims and disputes in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and AlionaMedia.com, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under these Terms.
Notice Requirement and Informal Dispute Resolution: Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute ("Notice") describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: AlionaMedia.com (Attn: Legal), P. O. Box 650. Lansing, IL 60436. After the Notice is received, you and AlionaMedia.com may attempt to resolve the dispute informally. If you and AlionaMedia.com do not resolve the dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Arbitration Rules: Arbitration must be initiated through the American Arbitration Association ("AAA"), an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties must agree to select an alternative ADR Provider. The rules of the ADR Provider ("Arbitration Rules") will govern all aspects of this arbitration, including the method of initiating and/or demanding arbitration, except where such rules are in conflict with these Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. A single, neutral arbitrator must conduct the arbitration. In addition, you and AlionaMedia.com agree that the following rules shall apply to the arbitration proceedings: (i) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The United Nations Conventions on Contracts for the International Sale of Goods shall have no applicability.
Authority of Arbitrator: If arbitration is initiated, the arbitrator will have all authority to decide the rights and liabilities, if any, of you and AlionaMedia.com in accordance with applicable law, the Arbitration Rules and these Terms, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The award of the arbitrator is final and binding upon you and the Company.
Waiver of Jury Trial: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes must be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. If any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Confidentiality: All aspects of the arbitration proceeding, including the award of the arbitrator and compliance therewith, must be kept confidential unless otherwise required by law. This Paragraph does not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability: If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts will be of no force and effect and will be severed and the remainder of the Agreement will continue in full force and effect.
Right to Waive: The party against whom the claim is asserted may waive any or all of the rights and limitations set forth in this Agreement. Such waiver does not waive or effect any other portion of this Agreement.
Survival of Agreement: This Arbitration Agreement will survive the termination of your relationship with Company.
Emergency Equitable Relief: Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures will not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Claims Not Subject To Arbitration: Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret are not subject to this arbitration agreement.
Courts: In any circumstances where the foregoing Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Cook County, Illinois, for such purpose.
Governing Law: These Terms are governed by the laws of the State of Illinois, without respect to its conflict of laws principles. If any provision of these Terms is found to be invalid by any court of competent jurisdiction, such invalid provision does not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. AlionaMedia.com makes no claims that any AlionaMedia.com Website or the Website Content may be lawfully viewed or accessed outside of the United States. If you access a AlionaMedia.com Website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
19. Miscellaneous: Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
20. Contact Information:
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ALIONAMEDIA.COM - MEMBER CABER GROUP LLC.