Site Use Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.
1. AUTHORIZATION OF USE. Any person is authorized to view the information, images, texts, documents, and all other content posted on the Site for informational purposes only. Tucson Records & Productions may modify the terms and conditions of use of the Site at any time, without prior notice, and such modifications shall become effective upon posting on the Site. Tucson Records & Productions reserves the right to restrict access to the Site or the contents contained therein for any reason and subject to any conditions it desires. All users are responsible to review regularly the contents of these terms and conditions to determine the terms and conditions contained herein.
2. DESCRIPTION OF SITE SERVICES. Tucson Records & Productions currently provides users with access to a rich collection of resources, including various communication tools and forums, classifieds/listing services, shopping services, personalized content, and branded programming as part of the Site. User understands and agrees that the Site may include advertisements and that these advertisements are necessary for Tucson Records & Productions to provide the Site. User also understands and agrees that the Site may include certain communications from Tucson Records & Productions, such as service announcements, administrative messages, advertising partner messages and the Tucson Records & Productions newsletter, and that these communications are considered part of Tucson Records & Productions membership. You may opt out of receiving newsletter and advertising partner messages, if included. Unless explicitly stated otherwise, any new features or services that augment or enhance the current Site shall be subject to these Terms & Conditions. User is solely responsible for obtaining access to the Site and that access may involve third party fees (such as Internet service provider or airtime charges). User is solely responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Site.
3. MODIFICATIONS TO SITE SERVICES. Tucson Records & Productions reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. User agrees that Tucson Records & Productions shall not be liable to User or to any third party for any modification, suspension or discontinuance of the Site or any part thereof.
4. REGISTRATION. User may register or otherwise establish an account with Tucson Records & Productions for additional or enhanced services or information. If User registers or otherwise establishes an account with Tucson Records & Productions, in consideration for such account, User represents that he or she is of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. User also agrees to: (a) provide true, accurate, current and complete information about yourself as prompted by the Sites registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If User provides any information that is untrue, inaccurate, not current or incomplete, or Tucson Records & Productions has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Tucson Records & Productions has the right to suspend or terminate User's account and refuse any and all current or future use of the Site (or any portion thereof). When User registers or otherwise establishes an account and allows User's child to access the account, User certifies that he or she is at least 18 years old and that User is the legal guardian of the child/children using the account. By allowing a child to use User's account, User also gives User's child permission to access all of the Site including email, message boards, instant messages and chat (among others). Please remember that the Site is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is User's responsibility to determine whether any of the Site is appropriate for User's child.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY. If User registers or otherwise establishes an account with Tucson Records & Productions, User will receive a username and password upon completing the registration process. User is solely responsible for maintaining the confidentiality of the username and password, and is fully responsible for all activities, whether authorized by User or not, that occur under User's username or password. User agrees to (a) immediately notify Tucson Records & Productions of any unauthorized use of User's username or password or any other breach of security, and (b) ensure that User exits from User's account at the end of each session. TUCSON RECORDS & PRODUCTIONS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM USER'S FAILURE TO COMPLY WITH THIS SECTION, INCLUDING, BUT NOT LIMITED TO, ANY UNAUTHORIZED USE.
6. ACCEPTABLE USE POLICY. User acknowledges and agrees that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (hereinafter, "Content"), whether publicly posted or privately transmitted is the sole responsibility of the person from whom such Content originated. User, and not Tucson Records & Productions, is entirely responsible for all Content that User uploads, posts, emails, transmits or otherwise makes available via the Site. UNDER NO CIRCUMSTANCES WILL TUCSON RECORDS & PRODUCTIONS BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE. User, and its employees or agents or anyone acting on Users behalf or using Users account on behalf of or with the permission of User, will not use the Site in any way to transmit through the Site any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or any unsolicited commercial email ("spam"). Specifically and notwithstanding anything to the contrary herein or in any policy or agreement incorporated herein, User agrees to not use the Site to:
- Upload, post, email, transmit or otherwise make available any Content, including a classified/listing, that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Harm minors in any way;
- Impersonate any person or entity, including, but not limited to, a Tucson Records & Productions official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
- Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, other than listings for which Subscriber has subscribed and paid for the ability to post;
- Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
- "Stalk" or otherwise harass another;
- Collect or store personal data about other users.
User acknowledges that Tucson Records & Productions may not pre-screen Content, but Tucson Records & Productions or its designee(s) shall have the right (but not the obligation), in their sole discretion, to refuse to publish or remove any Content that is available via the Site. Without limiting the foregoing, Tucson Records & Productions or its designee(s), in their sole discretion, shall have the right to remove any Content that violates any provision of these Terms & Conditions, including this Acceptable Use Policy, or is otherwise objectionable. User agrees to defend, indemnify, and hold Tucson Records & Productions, LLC and their affiliates, subordinates, parents, officers, employees, and agents harmless against any claim or action, civil or criminal, that arises from Users use of the Site in any manner.
7. VIOLATIONS. If User sees slanderous or malicious Content on the Site or Content that violates the Acceptable Use Policy or other provisions of these Terms & Conditions, please notify us. We will, in our sole discretion, remove any Content deemed malicious, scandalous, harmful, violative of these Terms & Conditions, or inconsistent with the integrity and prestige of the Site.
8. SUSPENSION AND TERMINATION OF ACCOUNT. User agrees that Tucson Records & Productions may, under certain circumstances and without prior notice, immediately suspend or terminate User's account, any associated Content, and access to the Site. Termination of User's account includes (a) removal of access to all offerings within the Site, (b) deletion of User's username and password and all related information, files and content associated with or inside User's account (or any part thereof), and (c) barring further use of the Site. Suspension of User's account includes a temporary (a) removal of access to all or part of offerings within the Site, and (b) barring use of the Site. User agrees that all suspensions and terminations for cause shall be made in Tucson Records & Productions’ sole discretion and that Tucson Records & Productions shall not be liable to User or any third-party for any suspension or termination of User's account, any associated email address, or access to the Site. Grounds for such suspension or termination shall include, but shall not be limited to:
- Breach or violations of these Terms & Conditions or other incorporated agreements or guidelines;
- Requests by law enforcement or other government agencies;
- A request by User (self-initiated account deletions);
- Discontinuance or material modification to the Site (or any part thereof);
- Unexpected technical or security issues or problems;
- Extended periods of inactivity;
- Failure to pay any fee or charge when due;
- Violations of any law, statute, treaty or rule pertaining to User's use or connection to the Site.
9. USE AND STORAGE. User acknowledges that Tucson Records & Productions may establish general practices and limits concerning use of the Site, including, without limitation, the maximum number of times (and the maximum duration for which) User may access the Site in a given period of time and the number of pictures or amount of other Content User may submit or make available to the Site. User agrees that Tucson Records & Productions has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Site. User acknowledges that Tucson Records & Productions reserves the right to log off accounts that are inactive for an extended period of time. User further acknowledge that Tucson Records & Productions reserves the right to modify these general practices and limits from time to time.
10. LAWS AND REGULATIONS. Access to and use of the Site are subject to all applicable international, federal, state and local laws and regulations. User agrees to abide by any and all such laws and regulations and to not use the Site in any way that violates such laws or regulations or in any other illegal manner. In addition, User acknowledges the global nature of the Internet and agrees to comply with all local rules regarding online conduct and acceptable Content. Specifically, User agrees to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which User resides or is located.
11. COPYRIGHT AND TRADEMARKS. Except where otherwise provided, the information available on or through the Site is the property of Tucson Records & Productions, or its licensors, and is protected by copyright, trademark, and other international, federal, state, and local intellectual property laws. Content on this site of third parties, including advertisers and sponsors, is the property of those third parties and not the property of Tucson Records & Productions and can only be reproduced or used with permission of the third parties. Users may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works, or otherwise use any information available on or through the Site for commercial or public purposes. Information and/or works from third parties available on or through the Site are or may be the property of such third parties or others. Tucson Records & Productions makes no claim to such information or works and such third parties or others retain all rights, interest, and title to such information and/or works.
The names, logos and taglines identifying Tucson Records & Productions’ products and services are proprietary marks of Tucson Records & Productions and/or its subsidiaries and/or affiliates. Other trademarks appearing on the Site may be owned by unaffiliated entities. Users may not use the trademarks, logos, and/or service marks on the Site ("Marks") for any purpose including, but not limited to, use as "hot links" or meta tags in other pages or sites on the World Wide Web without the express written permission of Tucson Records & Productions or such third party that may own the Mark.
Tucson Records & Productions grants User a personal, non-transferable and non-exclusive license to use the object code of its Software on a single computer; provided that User does not and does not allow any third party to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right or license in the Software. User agrees not to modify the Software in any manner or form, or to use modified versions of the Software, including without limitation for the purpose of obtaining unauthorized access to the Site. User agrees not to access the Site by any means other than through the interface that is provided by Tucson Records & Productions for use in accessing the Site.
Tucson Records & Productions does not claim ownership of any Content User submits or makes available for inclusion on the Site. However, with respect to Content User submits or makes available for inclusion on publicly accessible areas of the Site, User grants Tucson Records & Productions the following world-wide, royalty free and non-exclusive license(s), as applicable:
The license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Site for the purposes of providing and promoting Tucson Records & Productions to which such Content was submitted or made available. This license exists in perpetuity.
"Publicly accessible" areas of the Site are those areas of the Site that are intended by Tucson Records & Productions to be available to the general public.
Tucson Records & Productions respects the intellectual property of others and asks users to do the same. Tucson Records & Productions may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may infringe on the copyrights or other intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Tucson Records & Productions the following information: a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; b. a description of the copyrighted work or other intellectual property that you claim has been infringed; c. a description of where the material that you claim is infringing is located on the site; d. your address, telephone number, and email address; e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; f. a statement by you, made under penalty of perjury, that the information provided is accurate and that you are the copyright or intellectual property owner or authorized to act on the behalf of the copyright or intellectual property owner.
The above information can be provided to Tucson Records & Productions as follows:
Tucson Records & Productions, LLC
515 E. Grant Road, Suite 141, PB 104
Tucson, AZ 85705
If you have questions concerning trademark ownership, usage, or infringement, contact us.
12. TAMPERING. User agrees not to modify, move, add to, delete or otherwise tamper with the information contained in Tucson Records & Productions’ Site. User also agrees not to decompile, reverse engineer, disassemble or unlawfully use or reproduce any of the software, copyrighted or trademarked material, trade secrets, or other proprietary information contained in the Site.
13. THIRD PARTY INFORMATION. Although Tucson Records & Productions monitors the information on the Site, some of the information is supplied by independent third parties. While Tucson Records & Productions makes every effort to insure the accuracy of all information on the Site, Tucson Records & Productions makes no warranty as to the accuracy of any such information.
14. DEALINGS WITH ADVERTISERS. User's correspondence or business dealings with, or participation in promotions with, advertisers 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 User and such advertiser. User agrees that Tucson Records & Productions 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 on the Site.
15. LINKS TO THIRD PARTY SITES. The Site contains links that allow the User to access third party Web sites that are not under the control of Tucson Records & Productions. The links are only provided as a convenience and for information. Tucson Records & Productions does not control and is not responsible for the content appearing on these sites. Tucson Records & Productions does not endorse any of these sites. Tucson Records & Productions assumes no responsibility or liability for any material that may accessed on other Web sites reached through the Site, nor does Tucson Records & Productions make any representation regarding the quality of any product, service, material, or information contained at or available from any such site. In no event will Tucson Records & Productions, its subsidiaries, affiliates, officers, directors, agents, employees, or contractors be liable for any damages suffered by User with regard to access to or use of such third party Web sites or the contents contained therein. The User is responsible to review and comply with the terms, conditions, and policies governing third party Web sites.
16. LINKS FROM THIRD PARTY SITES. Tucson Records & Productions permits links to the Site from third party sites in accordance with this paragraph and these Terms & Conditions. Links to the Site from third party sites must be links to the entire Site or an entire page of the Site. Linking of the Site or any page of the Site from third party sites must not disparage the Site or Tucson Records & Productions in any manner. Tucson Records & Productions prohibits "hotlinking" of the Sites files that are not entire pages, i.e., direct linking to images, videos, style sheets, icons, etc. of the Site. Tucson Records & Productions reserves the right to disable any links or frames which do not comply with this paragraph or these Terms & Conditions as well as any action for damages resulting from links from third party sites that do not comply with this paragraph or these Terms & Conditions. Tucson Records & Productions has no responsibility or liability for any material on other Web sites that may contain links to the Site. If you have any questions about linking to the Site or a page of the Site, please contact us.
17. RSS FEEDS. Tucson Records & Productions may provide RSS Feeds containing information from the Site, and possibly third party sites, to which Users may subscribe ("RSS Service"). By using the RSS Service, you agree to comply with these Terms & Conditions and, in particular, this paragraph. If you fail to comply with these Terms & Conditions, your access to the RSS Service may by suspended or terminated without notice, in addition to other remedies. We reserve the right to discontinue the RSS Service, or change the content or formatting of the RSS Service, at any time without notice to you, and to require the immediate cessation of any specific use of the RSS Service.
- Individuals may use the RSS Service for personal, non-commercial purposes only. All others must obtain our express prior written consent.
- Tucson Records & Productions provides the RSS Service "as is" and shall not be held liable for your use of the information, content, or material contained therein. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES WITH REGARD TO THE RSS SERVICE, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
- Tucson Records & Productions cannot guarantee that the content or information contained within the RSS Service will never be faulty or that it will be available at all times. Tucson Records & Productions may need to vary the technical specification, or temporarily suspend the whole or any part, of the RSS Service from time to time.
18. NO WARRANTIES. The Site and information, data, materials, links, images, text, documents, content, offerings, services, and/or products provided on the Site are provided "as is" and TUCSON RECORDS & PRODUCTIONS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY IMPLIED BY LAW.
Tucson Records & Productions uses reasonable efforts to include accurate and up-to-date information on the Site; it does not, however, make any warranties or representations as to its accuracy or completeness. Tucson Records & Productions periodically adds, changes, improves, or updates the information and documents on the Site without notice. Tucson Records & Productions assumes no liability or responsibility for any errors or omissions in the content of the Site. This information could include technical inaccuracies or typographical errors. User's use of the Site is at your own risk.
TUCSON RECORDS & PRODUCTION MAKES NO WARRANTY THAT (a) THE SITE WILL MEET YOUR REQUIREMENTS, (b) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY USER THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (e) ANY ERRORS IN THE SITE OR SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT USER'S OWN DISCRETION AND RISK AND USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM TUCSON RECORDS & PRODUCTIONS OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS & CONDITIONS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SITE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF USER, OR ANYONE IN USER'S FAMILY, HAS AN EPILEPTIC CONDITION, CONSULT A PHYSICIAN PRIOR TO USING THE SITE. IMMEDIATELY DISCONTINUE USE OF THE SITE AND CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SITE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
19. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL TUCSON RECORDS & PRODUCTIONS OR ANY OF ITS MEMBERS, OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS BE LIABLE FOR ANY DAMAGES SUFFERED BY ANY PERSON, INCLUDING ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF INFORMATION, PROGRAMS OR OTHER DATA) UNDER ANY THEORY OF LIABILITY THAT RESULT FROM ACCESS TO, USE OF, OR INABILITY TO USE THE SITE; IMAGES, TEXT, DOCUMENTS, CONTENT, OR INFORMATION ON THE SITE; OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET OR THE SITE, EVEN IF TUCSON RECORDS & PRODUCTIONS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
20. INDEMNIFICATION. User agrees to defend, indemnify and hold harmless Tucson Records & Productions, LLC and all of their departments, officers, agents, and/or employees from all claims, losses, suits, damages, liabilities and expenses of whatever kind or nature, including reasonable attorneys fees, arising out of or resulting in any way from any negligent, reckless or intentional act, error, omission or mistake and/or strict liability of User or any person employed by User, or anyone for whose acts User is legally liable arising from the improper use of the Site or Tucson Records & Productions products, services, or offerings; the violation of these Terms & Conditions; the infringement or use by any other person of Users account; or the infringement of any copyright, trademark, patent, other intellectual property right, or other right of any person or entity.
21. ACKNOWLEDGEMENT OF RISK. User agrees that User has evaluated the risks of using the Site, including, but not limited to, misuse of User's information by third parties, damage to User's computer or system through the use of the Site and bear all risks associated with the use of the Site or any Content, including any reliance on the accuracy, completeness, or usefulness of the Site or any Content. As a result, User agrees to assume all risks associated with the use of the Site and any Content. In this regard, User acknowledges that User may not rely on the Site or any Content created by Tucson Records & Productions.
User acknowledges, consents and agrees that Tucson Records & Productions may access, preserve, and disclose User account information and Content if required to do so by law or Tucson Records & Productions reasonably believes in good faith that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms & Conditions; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to User requests for customer service; or (e) protect the rights, property, or personal safety of Tucson Records & Productions, its users and the public.
User understands that the technical processing and transmission of the Site, including User's Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
User understands that the Site and software embodied within the Site may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Tucson Records & Productions and/or content providers who provide content to the Site. User may not attempt to override or circumvent any of the usage rules embedded into the Site. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Site, in whole or in part, is strictly prohibited.
22. LIABILITY FOR DAMAGE. User agrees that User shall be liable to Tucson Records & Productions for damage, loss and the like caused by the negligence, gross negligence or intentional acts or omissions of User, including damage to the Site or other property of Tucson Records & Productions.
24. SECURITY. Data transmitted to and from the Site is generally not encrypted, except for certain restricted areas of the Site which require a user ID, password, authentication key, and/or other form of authentication for access. The security of information transmitted through the Internet can never be guaranteed. Tucson Records & Productions is not responsible for any interception or interruption of any communications through the Internet or for changes to or losses of data. User is responsible for maintaining the security of any password, user ID, authorization key, or other form of authentication involved in obtaining access to password protected or secure areas of the Site. In order to protect the User and User data, Tucson Records & Productions may suspend User use of the Site, without notice, pending an investigation, if any breach of security is suspected.
26. ACCESS TO PASSWORD PROTECTED/SECURE AREAS. Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized access to such areas is prohibited and may lead to criminal prosecution.
27. JURISDICTION/GOVERNING LAW. These terms and conditions shall be governed and construed in accordance with the laws of the State of Arizona, USA, and applicable federal laws without regard to conflicts of law principles. User agrees that any and all proceedings relating to the Site and the subject matter contained herein shall be maintained in the courts of Pima County, State of Arizona or the federal district court for the District of Arizona, which courts shall have exclusive jurisdiction for such purpose and User expressly consents to the personal jurisdiction of such courts.
28. STATUTE OF LIMITATIONS. User agrees 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 & Conditions, including any other notices, terms, conditions, and policies incorporated herein or in which these Terms & Conditions are incorporated into, must be filed within one (1) year after such claim or cause of action arose or be forever barred.
29. NO WAIVER. Any failure by Tucson Records & Productions to exercise any of its rights or privileges herein or to insist upon strict adherence to any term(s) herein on any occasion shall not be considered or construed as waiving any such rights, privileges, obligations or duties, or to deprive Tucson Records & Productions of the right thereafter to insist upon strict adherence to any term of the provisions of these terms and conditions, or as creating any custom contrary thereto.
30. CAPTIONS. Captions and paragraph headings used in these terms and conditions are for convenience only, and are not a part of the terms and conditions, and shall not be deemed to limit or alter any provisions of these terms and conditions, and shall not be deemed relevant in construing these terms and conditions.
31. SEVERABILITY. If any provision or portion of these terms and conditions is declared void and unenforceable, such provision or portion of such provision shall be deemed severed from these terms and conditions which shall otherwise remain in full force and effect. Further, if any such provision or portion of such provision may be reduced and/or narrowed in scope of the like, such provision or portion of such provision shall be reduced, narrowed, and/or the like, and so enforced. The same shall apply to any portion of any provision.
32. MERGER. This Agreement contains the complete agreement and understanding between Tucson Records & Productions and User, and no statements, promises or inducements made by Tucson Records & Productions that are not contained in these writing terms and conditions shall be valid or binding.
33. MODIFICATION. No waiver, modification, or amendment of these terms and conditions or of any covenant, condition or limitation contained in these terms and conditions shall be valid unless in writing. The provisions of this Paragraph may not be waived, except as set forth in this Paragraph.
34. GENDER AND INTERPRETATION OF TERMS AND PROVISIONS. As used in this Agreement and whenever required by the context thereof, each number, both singular or plural, shall include all numbers, and each gender shall include all genders. "Tucson Records & Productions" and "User" as used in this Agreement or in any other instrument referred to in or made a part of this Agreement shall likewise include both the singular and the plural, a corporation, trade name, "dba", limited liability company, limited liability partnership, co-partnership, other legal entity, individual or person acting in any fiduciary capacity as executor, administrator, trustee, or in any other representative capacity. All covenants herein contained on the part of User shall be joint and several.
Last Updated 7/22/2012