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TERMS OF USE VISITOR AGREEMENT

Welcome to the nerd-zone!
To all you hipsters, this legal lingo is just a bunch of mumbo jumbo.
But Rat Finks beware! This geek-speak is for you...

Groovytunesday.com is the domain that provides this Website.
All content and services to you under this domain are subject to the following conditions:

"Website" includes, but is not limited to all content under this domain (including subdomains) owned by groovytunesday.com / bongos - the coolest in primitive vinyl; operated by the Webmaster or its agents.

By visiting any portion of this Website, in any manner, you or your agents are subject to and accept these conditions. Please read them carefully. By ordering any product from this site, the customer thereby states they are at least 18 years of age, and acknowledges they have read, understood, and accepted these terms of use. Any Non-Human Visitors to this Website shall be considered agents of the individual(s) who controls, authors or otherwise makes use of them. The access rights granted to you under this Terms of Use Visitor Agreement are non-transferable without the written permission of the owner or Webmaster of this Website. We hope you enjoy using this Website, and we always welcome your suggestions for improvements.

SECTION 1: COPYRIGHTS:

All content included on this Website, such as text, backgrounds, graphics, logos, navigation icons, images, audio clips, page layouts, site search results, as well as the compilation of that content into one, coherent Website, is the property of groovytunesday.com and its owner(s) and is protected by United States and International Copyright, Trademark, and Servicemark Laws. Reproduction or any unauthorized use of any content, text, layout, or graphics of this Website without the written permission of the owner or Webmaster of this Website is strictly prohibited.

SECTION 2: TRADEMARKS AND SERVICEMARKS:

The bongos logo, mascot, graphics and other page headers, buttons, icons, scripts, and service names are trademarks of groovytunesday.com, and have inherent meaning and substantial value because of their restricted use. They may not be used in connection with any product or service that is not groovytunesday's, in any manner without the written permission of the owner or Webmaster of this Website. All other trademarks not owned by groovytunesday.com that appear on this Website are the property of their respective owners.

If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed, please notify the Webmaster of this Website, along with an explanation of your disagreement. We invite you to bring to our attention any material you believe to be factually inaccurate, outdated, or posted in error. We also welcome notification of broken links, missing graphics, or pages that do not display properly.

SECTION 3: LICENSE TO ACCESS WEBSITE AND SERVICES:

In consideration for accessing this Website, groovytunesday.com grants you a limited license to access and make personal use of this Website. This license prohibits you from downloading (other than page caching), copying, or modifying any portion of it, except with the written permission of the owner or Webmaster of this Website.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to www.groovytunesday.com, so long as the link does not portray the Website or its services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any proprietary graphics, logos or trademarks as part of the link without express written permission of the owner or Webmaster of this Website. Any unauthorized use automatically terminates the permission or license granted by groovytunesday.com, and may incur legal liabilities for any damages.

SECTION 4: SPECIAL LICENSE RESTRICTIONS FOR NON-HUMAN VISITORS:

Special restrictions on a visitor's license to access this Website apply to Non-Human Visitors. Non-Human Visitors include, but are not limited to: web spiders, spam bots, indexers, robots, crawlers, harvesters, data mining or similar data gathering and extraction tools, or any other computer programs designed to access, read, compile, gather, copy, or store content from this Website.

Any Non-Human Visitors to this Website shall be considered agents of the individual(s) who controls or authors them. These individuals shall ultimately be responsible for the behavior of their Non-Human Visitor agents and are liable for violations of the Terms of Use Agreement.

Non-Human Visitors are restricted from over-taxing the resources of the Website servers beyond what would be typical of a human visitor. Furthermore, as specified by the "no-email-collection" flag in the header pages within this Website, email addresses on this site are considered proprietary intellectual property of the author of this Website. It is recognized that these email addresses are provided for human visitors alone, and have value in part because they are accessible only to said human visitors. By continuing to access the Website, you acknowledge and agree that each email address the Website contains has a value not less than US $250 derived from their relative secrecy. You further agree that the compilation, storage, and potential distribution of these addresses by Non-Human Visitors substantially diminish the value of these addresses. Intentional collection, harvesting, gathering, spoofing, or storing email addresses by Human and/or Non-Human Visitors is recognized under this agreement as a violation of this agreement and expressly prohibited.

SECTION 5: RECORDS OF VISITOR USE AND ABUSE:

As a visitor to the Website, you consent to having your Internet Protocol address recorded. You are uniquely matched to your Internet Protocol address. Any suspected abuse will be logged and reported.

Abuse involves but is not limited to: email harvesting; the use of spam bots; ignoring the no-email-collection metatag; spamming any email address or form-mail address that appears on this Website or the groovytunesday.com domain; downloading or linking to any graphics; any form of bandwidth theft or otherwise causing a performance degradation; storing content (other than page caching); reproducing or transferring to a third party any intellectual property that appears on this Website; or any form of malicious activity, which shall constitute an acceptance and subsequent breach of this Terms of Use Agreement.

SECTION 6: DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:

It is the intent of groovytunesday.com to provide our customers with the best service possible, but we cannot and do not guarantee that our users will always find everything to their liking. This Website is provided on an "as is" and "as available" basis, with all its faults, and makes no representations or warranties of any kind, express or implied, as to the operation of the Website, the effectiveness of its services, or the information, content, materials, or products included on the Website. You expressly agree that your use of this Website is at your sole risk.

To the full extent permissible by applicable law, groovytunesday.com disclaims all warranties, expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Groovytunesday.com makes reasonable efforts, but does not warrant that this Website, its servers, or email sent from any of its domains are free of viruses or other harmful components. Groovytunesday.com will not be liable for any damages of any kind arising from the use of this Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

Groovytunesday.com takes no responsibility or liability whatsoever for the possession or distribution of any products obtained from this site, or the consequences thereof. The purchaser alone takes full responsibility for knowing the legal restrictions of their own state or country regarding the purchase, delivery and possession of any item from this site. All items purchased from this Website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

SECTION 7: APPLICABLE LAW AND JURISDICTION:

By visiting this Website, you agree that the laws of the United States and, specifically, those of the state of Maine, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and groovytunesday.com or its affiliates. Each party agrees that any suit, action, proceeding, dispute or claim arising out of or in connection with this agreement shall be adjudicated in Cumberland County, Maine, USA. You consent to electronic service of process regarding actions under this agreement.

SECTION 8: ADDRESS:

GROOVYTUNESDAY.COM / WEBMASTER
PO BOX-106
PORTLAND, MAINE 04112-0106
USA

IMPORTANT NOTE: Please review our other policies, such as our ordering, grading and privacy policy, also posted on this Website. These policies also govern your visit to groovytunesday.com. We may revise those policies or this Terms Of Use Agreement from time to time without notice by posting a newer version to this Website.
All revised copies of any policy are effective immediately upon posting.

This Page Last Revised: July 7th, 2006


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