DISCLAIMER OF WARRANTY - LIMITATION OF LIABILITY
The information, content and services available on this web site are
provided "as is", and ELECTROGARDEN.COM makes no
representations or warranties of any kind, express or implied, that the
information, content or services are accurate, complete or current,
objective, or useful or that this site will operate error-free (or that
errors in the software will be corrected), uninterrupted or free from
viruses. To the maximum extent permissible by law, ELECTROGARDEN.COM
disclaims any and all implied warranties arising from a course of dealing,
usage or trade practice, of merchantability or fitness for a particular
purpose, and of non-infringement. In no event shall ELECTROGARDEN.COM be
liable to any party for direct, indirect, special or consequential damages
arising out of the use of the information provided through the Electrogarden
Service, resulting from the use, or the inability to use, the Service, or
any content or messages received via the Service, or resulting from
unauthorized access to, or alteration of, a user’s transmissions or data
content or services available at this site or at any site to which this site
links, even if ELECTROGARDEN.COM has been advised of the possibility of
such damages and notwithstanding any failure of essential purpose or of any
THIRD PARTY LINKS
A link to or from this web site to another site on the Internet does not mean that ELECTROGARDEN.COM
endorses the products or services available at, or the views expressed at, such sites. ELECTROGARDEN.COM has no control over such sites and resources, and you acknowledge and agree that ELECTROGARDEN.COM is not responsible for the availability of such external sites or resources, and further acknowledge that ELECTROGARDEN.COM does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that ELECTROGARDEN.COM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
USING THE SERVICE - CONDUCT AND RESPONSIBILITIES
ELECTROGARDEN.COM facilitates a virtual community of interchange that
allows users to exchange information. Throughout such exchanges, you are
responsible for all content (including but not limited to information, text,
data, software, photos, graphics, video, sound or messages) you upload,
post, e-mail or otherwise transmit via this web site. You agree not to
upload, post, e-mail or otherwise transmit content that infringes on the
copyright, trademark, trade secret or other proprietary rights of any third
party, that defames any third party, that violates the right of privacy or
publicity of any third party, or that is unlawful, threatening, obscene,
racially, ethnically or otherwise objectionable, or that interferes with or
disrupts the operation of this web site. When reviewing the information
provided by other members of the site, be aware that ultimately, you are the
only one responsible for interpreting such content and/or using this
information. Follow up all information gathered through the Service with
your own research. You are responsible for properly analyzing and verifying
any information you intend to rely on.
POSTED MATERIAL - MEMBERSHIP
ELECTROGARDEN.COM has no obligation to edit, screen or monitor
material posted to this web site. ELECTROGARDEN.COM reserves the right
to remove material posted by users, which it considers in its absolute
discretion to be unlawful, offensive or otherwise a violation of these
terms. ELECTROGARDEN.COM reserves the right to monitor or remove such
material at any time and without notice. In response to any violation of the
terms in this agreement, ELECTROGARDEN.COM reserves the right to
terminate any member's membership at any time, without notice.
FORUMS & JOURNALS
Within the Electrogarden Forums the administrators and moderators of The Forums at Electrogarden
may attempt to keep all objectionable, offensive, or otherwise inappropriate messages off this site, but it is
not possible for us to review all messages and Journal entries. All messages and Journal entries express the views of the author only, and Electrogarden & ELECTROGARDEN.COM will not be held responsible for the content of any message or Journal Entry.
By using this Service, you agree to indemnify and hold harmless, The Electrogarden Network, ELECTROGARDEN.COM, its staff, all Partners and Suppliers with respect to any and all litigation or action resulting from your access to or use of any portion of this
Service, including the Community sections of the site such as the public Forums, Journals, and Chat.
Further, you will abide by
the following rules when using the Interactive Community Services:
- The Electrogarden Community sections may not be used for flame wars or any postings that include an unproductive exchange between parties where insulting and deragatory content is aimed at the parties involved in the exchange or anyone. Any post, thread, or Journal entry that ensues with this sort of content will be closed or deleted and members that persist in reopening topics that were closed for said reasons will be removed from the site.
- You will not belittle, flame, post slanderous or libelous messages about any third party including members of the Electrogarden Network and all registered artists, DJ's, administration, or users of The Electrogarden Forums and Journals.
- You will not post SPAM or submit advertising unrelated to the site content. You will not post duplicate messages across forums. This is a form of SPAM.
In addition to this you agree to refrain from any advertising or solicitation OUTSIDE the areas designated for this conduct. If you are uncertain as to
which areas fall under the term "designated" please e-mail us. If you wish for us to make an exception to this rule you must e-mail us giving us good reason to allow such activities outside the designated areas. Remember, if it doesn't apply to the electronic music scene, it doesn't belong here. Please, anything that remotely resembles advertising of a band or any related product, links or anything similar, belongs in the News/Discoveries/Announcement sections of the appropriate category, and not in the General Discussions. All posts that ignore this will be moved or deleted.
You will not post content that violates any copyrights such as posting articles, reviews, interviews, song lyrics, news items, or any similar content either in whole or in part unless permission for you to post such has been granted by the copyright owner(s).
- You will not post links to any content that violates copyright of a third party such as links to audio/video files (.wav, real audio, mp3's, quicktime, etc.), sites that offer such content illegally or without written consent from the copyright owners, or links to images that have not been authorized by the copyright holders.
- You will not post links to sites that contain pornographic material of any sort, sites with offensive content of any kind, or sites that maintain content that is, or is about illegal activities.
- You agree to keep all user's identity confidential. Any claims about privacy violations will be investigated. Any confirmed claims against you of harassment will result in your immediate dismissal.
- You agree to not impersonate any person or entity, including, but not limited to, ELECTROGARDEN.COM staff, any site member, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- You agree to use only a single account represeting you. Multiple accounts for a single person are not allowed on the site.
- You agree to not "Stalk" or otherwise harass another member or any of the staff on the site
- You agree to not collect or store personal data about other users for any purposes.
Account registration and verification is required in order to access Interactive Community Services such as the Forums, Journals, and Chat along with most other site content on ELECTROGARDEN.COM. During the registration process, you agree that all of the information
presented about yourself on the ELECTROGARDEN registration form is
true and accurate, and that you will conduct yourself in a responsible
manner when using the Service. As part of the registering for the Service,
you will select a user alias and password. This alias will serve as your
public identity to other users on the site. Each user name will be unique. ELECTROGARDEN.COM
reserves the right to refuse permitting an alias that impersonates someone
else's, or is otherwise deemed inappropriate. ELECTROGARDEN.COM is not
responsible for any other member impersonating you on the Service. If you feel
you are being impersonated please notify us immediately. When deciding on a
password, choose wisely. You are responsible for maintaining the security of
your password. Please do not share it with anyone else.
MODIFICATIONS TO SERVICE
ELECTROGARDEN.COM reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that ELECTROGARDEN.COM shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that ELECTROGARDEN.COM, in its sole discretion, may terminate your password, Journal, or account, and remove and discard any content within the Service, for any reason, including and without limitation, the lack of use, or if ELECTROGARDEN.COM believes that you have violated or acted inconsistently with the letter or spirit of these terms. ELECTROGARDEN.COM may also in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these terms may be effected without prior notice, and acknowledge and agree that ELECTROGARDEN.COM may immediately deactivate or delete your account and all related information or files and suspend your access to the site without notice. ELECTROGARDEN.COM reserves the right to bar any further access to such information or files or the Service. You agree that ELECTROGARDEN.COM shall not be liable to you or any third-party for any termination of your access to the Service. Fee-based accounts that are terminated due to non-compliance with these terms will not be refunded.
Unless otherwise noted, all content included on this site, such as text,
graphics, logos, button icons, images, audio clips, etc., and the
compilation (that is, the selection, coordination and arrangement) of all
content on this site, is the property of ELECTROGARDEN.COM or its
content suppliers, and protected by U.S. and international copyright laws.
Users of this web site may download material copyrighted by ELECTROGARDEN.COM
for the user's non-commercial, personal use, but may not remove any
copyright or trademark notices that appear on materials downloaded; and may
not modify, create derivative works, distribute, re-publish, re-transmit,
sell or in any way exploit the content of this web site, in whole or in
part. Any software used on this site is the property of ELECTROGARDEN.COM
or its software suppliers and protected by U.S. and international copyright
laws. Any use, including reproduction, modification, distribution,
retransmission, republication, display of the content or software on this
site other than as described above, without prior written permission of ELECTROGARDEN.COM
is strictly prohibited.
ELECTROGARDEN™ and ELECTROGARDEN NETWORK™ are trademarks of ELECTROGARDEN.COM
in the United States and other countries. Other trademarks and trade names
appearing at this site are the property of their respective owners. ELECTROGARDEN.COM
trademarks may not be used in connection with any product or service that
does not belong to ELECTROGARDEN.COM, in any manner that is likely to
cause confusion among customers, or in any manner that disparages or
Users agree to defend, indemnify and hold harmless ELECTROGARDEN.COM,
its directors, officers, employees, representatives and assigns from any and
all claims, demands, liabilities, losses, costs and expenses (including
reasonable attorneys' fees) arising out of violation by the user of these
terms, statements or conduct of any third party on the service (including any claims, demands, or liabilities arising from any content uploaded to the site by any other member of the service), the rights of any third party, applicable law or regulations, or the
user's use of the information, content or services available at this web
This site is created and controlled by ELECTROGARDEN.COM in the State
of Virginia, USA. As such, the above terms and conditions shall be governed,
construed and enforced in accordance with the laws of the State of Virginia
without reference to conflicts of laws principles. ELECTROGARDEN.COM
reserves the right to make changes to its site and these terms and
conditions at any time. Such changes shall be reflected in the terms of this
agreement at all times.