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terms of service

General

Undercurrents.com and, its subsidiaries and affiliates and Undercurrents, Inc., (collectively "Undercurrents.com") provide you with access to this Web site and the services available on this Web site, or other Web sites as indicated below, (collectively, the "Services," which will be defined more under the Section, "Services."). Access to and use of the Services is governed by these Terms of Use (the "Agreement"). By accessing or using the Services, you indicate your assent to be bound by the Agreement, and your acknowledgment of and agreement to its terms. 

Services

The Services include Undercurrents.com Search and Advertising (located at http://Undercurrents.com) (the "Search and Advertising Services"). The Services may also be located on third party web sites and/or applications. Our Search and Advertising Services enable you to search the World Wide Web for anything that interests you, whether it is songwriting, musical instruments research or digital songs. We provide you with search listings of advertisers of Undercurrents.com (as well as search listings provided to Undercurrents.com by a third party to supplement the advertiser listings) that help you find what you are looking for. 

The Services act as a system or venue to introduce you to buyers and sellers of goods and services and providers of information. Undercurrents.com uses reasonable efforts to ensure the availability of the information and content, including links, that it makes available through the Services. However, the Services are composed of content not offered by Undercurrents.com.  Undercurrents.com does not control (i) the quality, safety or legality of items available through or on its advertisers' Web sites or sites of third parties not in privacy of contract with Undercurrents.com, (ii) the truth or accuracy or legality of the content from those advertisers or those third parties (even if such content appears on the Services), or (iii) the availability or technical capabilities of their Web sites or links to those Web sites. Undercurrents.com is not liable or responsible for content supplied by third parties, or for actions you might take in reliance on that content. 

Nothing contained in any of the Services is an offer or promise to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. Undercurrents.com does not guarantee the price, terms, product, availability and/or services offered by any advertiser. 

For all of the Services, Undercurrents.com is not involved in any transactions between you and any of its advertisers, and is not responsible for, and does not guarantee the price or performance of any goods, services or information provided by advertisers. If you have a dispute with one or more advertisers, you agree to release and hereby release Undercurrents.com (and Undercurrents.com's officers, directors, agents, subsidiaries, affiliates, employees, successors, assigns, content providers and service providers) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.  

Undercurrents.com's entire liability and a customers and/or advertisers exclusive recourse shall be limited to the paid price of our product or service.  All recourse is limited to customers and/or advertisers within the United States.  All others outside of the United States give up recourse rights in their entirety.  Because of the special offers included with Undercurrents.com advertising,

Undercurrents.com does not offer refunds for advertising for reasons other than Undercurrents.com being unable to meet stated obligations to promote an advertiser, and this is at Undercurrents.com's sole discretion.  Out of service web sites do not qualify for advertising refunds, not do poor performing advertising campaigns.  In the even that Undercurrents.com does issue a refund, it will be proportional to the unused amount of advertising. 

By submitting an email address to Undercurrents.com whether directly from our web site, our network web sites, or a third-party submission service, you are agreeing to accept email from Undercurrents.com. 

Undercurrents.com may require a valid email address to be used with each active listing in our listing database.  We allow the ability of the advertiser to remove their email address at any time from the listing by following the procedure outline in our Webmaster Frequently Asked Questions, however removing an email address may disqualify the listing from certain promotions, features and services.  You agree to release and hereby release Undercurrents.com from any liability involved with the consequences of removing your email address from any listing(s).

While Undercurrents.com happily allows automated submissions, we do require that each URL submitted through automated processes includes a valid email address that is read by the web site owner/manager, or the person(s) otherwise responsible for the web page found at that URL.

Only Personal Use is Authorized

Under this Agreement, Undercurrents.com gives you permission to access and use the Services for your personal use, and to copy, distribute and transmit the content of the Services only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the Services for your personal use. You may also print a copy of the information displayed on the Services for your personal use. That means, that except as set forth above, you may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products, or service obtained by your use of the Services. This restriction means, among other things, that you may not mirror on your own Web site any portion of the Services or display through your own Web site any results pages or other information from the Services without Undercurrents.com's express permission. 

The technology underlying, and content within, the Services is owned by Undercurrents.com and/or its licensors (including Undercurrents.com's advertisers and other content providers) and is protected by copyright and other intellectual property or proprietary rights. If you use the Services other than as provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties. That would not be a good thing. As between you and Undercurrents.com, Undercurrents.com owns and retains all ownership of the technology underlying and content within the Services, and reserves all rights not explicitly granted to you in this Agreement.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND.

UNDERCURRENTS.COM DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 

Undercurrents.com Potential Liability for the Services is Limited

NEITHER UNDERCURRENTS.COM NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS OR SERVICE PROVIDERS WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICES, OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICES. UNDERCURRENTS.COM WILL NOT BE LIABLE FOR ANY MATERIAL OF WEB SITES IT LINKS TO AS PART OF THE SERVICES OR FOR INFORMATION CONTAINED IN OR PART OF THE SERVICES INCLUDING BUT NOT LIMITED TO SEARCH RESULTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF UNDERCURRENTS.COM, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.

Copyright Infringement

In notifying Undercurrents.com of alleged copyright infringement, you must include the following information: A description of the copyrighted work that is the subject of claimed infringement A description of the infringing material and information sufficient to permit Undercurrents.com to locate the alleged material Contact information for you, including your address, telephone number and/or email address A statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law A statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed A physical or electronic signature of the copyright owner or a person authorized to act on the owner's behalf 

Failure to include all of the above-listed information may result in the delay of the processing of your complaint. For more information on the Digital Millennium Copyright Act please visit the United States Copyright Office at http://lcweb.loc.gov/copyright/onlinesp/. 

Undercurrents.com does not arbitrate or resolve trademark disputes among Undercurrents.com advertisers or between those advertisers and third parties. However, Undercurrents.com will promptly comply with an order of a court of competent jurisdiction concerning a trademark issue. Undercurrents.com occasionally receives requests to remove listings from within the Services. Undercurrents.com reserves the right to address such requests on a case-by-case basis. 

Right to Censure

Undercurrents.com does not wish to promote web pages that contain pornographic, vulgar, profane, adult-themed, racially divisive, violent, illicit or illegal content.  We incorporate a variety of filtering mechanisms, both automatic and manual.  Our intent is to make all of our search results acceptable for all viewing ages by displaying the best of what the Internet has to offer.  Without limitation, any URL's inclusion in the Undercurrents.com database may be terminated, where Undercurrents.com, in its sole discretion deems it inappropriate for any reason. As an example, any web page that draws the distinction of race or sexual orientation would be considered inappropriate.

Objectionable Material

Undercurrents.com encourages you to use discretion when browsing the Internet or using the Services. The Services may contain information that you find objectionable, harmful, deceptive or otherwise inappropriate, especially for children. To ensure you do not receive offensive material, nevertheless, you must install your own filtering software if you wish to limit the content available through the Services. 

If you come across any site that you believe contains child pornography or other illegal material, please contact admin@Undercurrents.com and we will contact the authorities as appropriate.

Privacy and Data Collection

You should consider any communication that you transmit to Undercurrents.com (such as data, questions or answers, comments, or suggestions) as non-confidential, and agree that Undercurrents.com will not be liable or responsible if information that belongs to you is intercepted and used by an unintended recipient.

When submitting a URL and email address to Undercurrents.com for possible inclusion in our search listings, you agree to receive a welcome email from Undercurrents.com as well as future notifications from Undercurrents.com.  You may opt out of future mailings at anytime, though doing so may limit you in your ability to benefit from certain features and/or promotions.

Control over Features, Functions, and Access to the Services

Undercurrents.com reserves the right to change any information, features and functions of the Services without prior notice. Undercurrents.com may deny you access to all or part of the Services without prior notice if you engage in any conduct or activities that Undercurrents.com determines, in its sole discretion, violate this Agreement, the rights of Undercurrents.com or any third party, or is otherwise inappropriate. 

 Choice of Law, Waiver, and Claims

This Agreement shall be governed by the laws of the State of Ohio without regard to its conflict of law provisions. Undercurrents.com failure to exercise or enforce any right or provision of the Agreement will not be deemed to be a waiver of such right or provision. If any provision of this Agreement 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 this Agreement remain in full force and effect. 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 Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. 

Arbitration

Any controversy or claim arising out of or relating to this Agreement or the Services will be

settled by binding arbitration in accordance with the commercial arbitration rules of the

American Arbitration Association. Any such controversy or claim must be arbitrated on an

individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Houston, Texas, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Undercurrents.com may seek any interim or preliminary relief from a court of competent jurisdiction in Cleveland, Ohio, as necessary to protect the rights or property of you or Undercurrents.com 

Amendment

Undercurrents.com may alter or amend this Agreement at any time by posting the altered or amended terms on its Web site. All altered or amended terms are automatically effective immediately and retroactively.  This Agreement may not be otherwise amended except in a written document signed by you and Undercurrents.com.

Contacting Us

If you have any questions about our site, this agreement, or our general procedures, please contact: services@undercurrents.com

 

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