a. This is a part of the ALMIGHTY Institute of Music Retail ("ALMIGHTY ") network of web sites. The following rules and regulations apply to all visitors to or users of this Web Site. When you choose to use this web service (the "Service"), you are agreeing to all of the terms and conditions of this Agreement between you and ALMIGHTY. In the case of any violation of these rules and regulations, ALMIGHTY reserves the right to seek all remedies available by law and in equity for such violations. These rules and regulations apply to all visits to the ALMIGHTY both now and in the future.
b. ALMIGHTY may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Service.
c. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.
d. ALMIGHTY may change, suspend or discontinue certain aspects of the Service at any time, including the availability of any Service feature, database, or content. ALMIGHTY may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
a. ALMIGHTY hereby authorizes you to copy materials published by ALMIGHTY on this Web Service solely for non-commercial use within your organization. No other use of the information is authorized. In consideration of this authorization, you agree that any copy of these materials which you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of ALMIGHTY or any third party.
b. TO THE EXTENT ALLOWABLE BY LAW, ALL CONTENTS ON THIS SITE ARE PROTECTED BY COPYRIGHT. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THIS WEB SITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM ALMIGHTY. VISITORS OR USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THIS SITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.
The trademarks, logos and service marks ("Marks") displayed on this Web Service are the property of ALMIGHTY or other third parties. Users are not permitted to use these Marks without the prior written consent of ALMIGHTY or such third party that may own the Mark.
ALMIGHTY may contain links to other related World Wide Web Internet sites, resources, and sponsors of ALMIGHTY. Since ALMIGHTY is not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.
b. If you prefer not to receive cookies on ALMIGHTY, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser. You do not need to have cookies turned on to use any area of ALMIGHTY.
a. ALMIGHTY warrants and represents that it has used reasonable commercial efforts to obtain the most accurate and timely information available, including information pertaining to sellers of prerecorded music, including but not limited to, retailers, distributors, one stops, rack jobbers, and exporters. However, the selling of prerecorded music is very complex business and subject to rapid changes, so ALMIGHTY can not and does not guarantee the accuracy, timeliness, reliability or completeness of any of the information contained on, downloaded or accessed from this website. ALMIGHTY is providing this website to you for informational purposes only and is not intended to provide specific commercial, financial, investment, accounting, tax, or legal advice.
b. You expressly agree that use of the Service is at your own risk. Neither the Service, ALMIGHTY , nor any of their affiliates, employees, agents, content providers or licensors make any representations or warranties of any kind regarding the Service, the content or the results that may be obtained form use of the Service. The Service is provided on an "as is" basis and the Service and ALMIGHTY specifically disclaims any express or implied warranties, including without limitation, warranties of fitness for a particular purpose, warranties of merchantability or warranties against infringements.
c. The Service, ALMIGHTY, their affiliates, employees, agents, content providers and licensors shall in no event be liable for any damages or losses, including, without limitation, direct, indirect, consequential, special, incidental or punitive damages, resulting from or caused by the Service or its content, including, without limitation, losses related to: your use or inability to use the Service; any errors, omissions or defects in the content; or any interruptions, delays in transmission or computer viruses. In any event, any liability of the Service, ALMIGHTY, their affiliates, employees, agents, content providers and licensors shall not exceed the amount paid by you to the service in the 12 months prior to the claimed injury or damage.
d. ALMIGHTY does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk.
7. USERNAME AND PASSWORD
You may receive or have received a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify ALMIGHTY of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. ALMIGHTY cannot and will not be liable for any loss or damage arising from unauthorized use of your username and/or password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at ALMIGHTY 's sole discretion, and ALMIGHTY may refer you to appropriate law enforcement agencies.
ALMIGHTY reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. However, in no event will you be charged for access to the Service unless we obtain your prior agreement to pay such charges. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Service by ALMIGHTY or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Service through your account.
You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Service ("Access Software"). You may not sublicense, assign or transfer any licenses granted by ALMIGHTY, and any attempt at such sublicense, assignment or transfer shall be null and void. You may not copy, distribute, modify, reverse engineer, or create derivative works from Access Software.
ALMIGHTY may, in its sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach or assignment of this Agreement.
Agreement has been made in and shall be construed and enforced in accordance
with California Law. Any action to enforce this agreement shall only be brought
in the federal or state courts located in
c. Official correspondence must be sent via postal mail to:
ALMIGHTY Institute of Music Retail
BY SUBSCRIBING TO ALMIGHTYRETAIL.COM, I AM INDICATING THAT I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.