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LEGAL DISCLAIMER

The use of any of the information, artwork, photographs or music contained herein is solely and entirely for home entertainment and educational purposes. Any and all other uses are strictly prohibited without the express written consent of Tracing Days. Tracing Days does not assume any responsibility or liability for any communications or materials sent here. In addition, Tracing Days does not assume any liability for any claims, damages or losses resulting from any usage of this service or materials or other information on this site, used by you in any manner including without limitation any screensavers and/or wallpaper. Any and all communications sent to Tracing Days in any manner shall be deemed usable by Tracing Days in any manner and in any medium.

Tracing Days makes no warranties or representations with respect to the websites for which hyperlinks are provided in Tracing Days website. Tracing Days is not responsible for the content contained in any such site. The hyperlinks provided in Tracing Days Website are in no way an endorsement of any linked websites or the contents contained therein.


TERMS OF USE

Introduction

Tracing Days maintains www.TracingDays.com (the “Web Site”) for your personal information, entertainment, and enjoyment. At the same time, please remember that your access to the Web Site is subject to the following rules (the “Rules”) as well as all applicable laws. These Terms of Use also incorporate by this reference the terms of our Privacy Policy[See above]. In addition, when using particular services or features on the Web Site, you shall be subject to any guidelines or rules applicable to such services or features that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Use. By accessing and using the Web Site, you accept and agree to the Rules without limitation or qualification. If you do not agree with these Rules, you are not authorized to use the Web Site.

Tracing Days may from time to time and at any time without notice to you, revise these Rules by updating this posting. By using the Web Site following any modifications to the Terms of Use, you agree to be bound by such revisions and should therefore visit this page to review the current Rules from time to time.

Use of the Web Site

Unless otherwise specifically indicated, you may download material displayed on the Web Site for your own personal enjoyment and non-commercial use only. While using the Web Site you may not:

upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material which is protected by copyright, or other proprietary or intellectual property rights, or derivative works with respect thereto, without obtaining permission of the copyright owner or rights holder; or

upload, post, publish, reproduce, transmit or distribute in any way any component of the Web Site itself or derivative works with respect thereto, as the Web Site is copyrighted under U.S. copyright laws; or

upload, post, publish or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export laws and regulations; or

upload, post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Web Site for commercial purposes (other than as expressly permitted by Tracing Days); or

restrict or inhibit any other user from using and enjoying the Web Site; or

post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by Tracing Days) or engage in spamming or flooding; or

impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; or

post or transmit any information or software that contains a virus, trojan horse, worm or other harmful component.

Tracing Days has no obligation to monitor the Web Site. You acknowledge and agree, however, that we do retain the right to monitor the Web Site and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Web Site properly, or to protect Tracing Days or other users of the Web Site. We will not intentionally monitor or disclose any private electronic-mail message unless required by law. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Use.

Our Proprietary Rights

Tracing Days, or one of its affiliates, is the owner and/or authorized user of any trademarks, logos, trade names and/or service marks appearing on the Web Site, including but not limited to “Tracing Days”. Tracing Days is the copyright owner or licensee of the content and/or information on the Web Site, unless otherwise indicated. The Web Site does not grant to you a license to any content, features or materials you may access on the Web Site. You may not download or save a copy of any of the content or screens except as otherwise provided in these Terms of Use, for any purpose. You may, however, print a copy of the information on the Web Site solely for your personal use or records. If you make other use of the Web Site, except as otherwise provided above, you may violate copyright and other laws of the United States and other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, logos, trade names, service marks, other copyrightable material or any other intellectual property, by including them on the Web Site.

Submissions

Apart from your personal information (which is addressed in the Privacy Policy, all information or other materials submitted to the Web Site, whether through chat rooms, message boards, blogs or otherwise, shall be deemed and remain the property of Tracing Days, and Tracing Days and its designees shall have the worldwide, perpetual, irrevocable right to reproduce, modify, publish, display, perform, adapt, distribute and otherwise use and exploit any images, ideas, concepts or anything else contained in information or other materials that any user of the Web Site submits to the Web Site, in all media and for any purpose, without any compensation, attribution or other obligation to such user. Such communication or material will be treated as non-confidential and non-proprietary and Tracing Days shall not be subject to any obligations of confidentiality regarding submitted information or materials, except as otherwise specifically agreed or required by law. In connection with the foregoing, you hereby grant to Tracing Days and its designees the right to use your name (and likeness, if you provide a photograph or other image to us) to attribute to you comments, opinions and other material contained in your submissions and to otherwise promote Tracing Days, Tracing Days’s products and services, and the Web Site. Do not submit any photographs or other materials that do not belong solely to you.

Links

Tracing Days has not reviewed all of the Web Sites that are linked to or from the Web Site, and the fact of such links does not indicate any approval or endorsement of any material contained on any linked Web Site. You acknowledge and agree that Tracing Days is not responsible for the appropriateness, accuracy or availability of information or other content provided by web sites linked to or from the Web Site.

Links to external web sites do not constitute an endorsement by Tracing Days of the sponsors or operators of such sites or the content, products, advertising or other materials presented on such sites. Tracing Days does not author, edit, or monitor these other sites. You acknowledge and agree that Tracing Days is not 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 such external sites or resources. Your connection to and use of any such linked web site is at your own risk.

Certain services and features offered through the Web Site are provided by third parties outside of the Web Site. While the Web Site provides a link to these services, Tracing Days has no control over these services or the companies that provide them. For example, if you wish to purchase certain concert tickets through the Website, Ticketmaster.com or MusicToday.com may process your request, or if you wish to purchase a Tracing Days album, bandfarm.com may process your request.

You understand and agree that Tracing Days is not responsible in any way for your use of these services provided by third parties and that your use of such services is subject to the terms and conditions established by such third parties. Tracing Days encourages you to click on the links provided by such third parties.

No Warranties / Limitation of Liability

YOUR USE OF THE WEB SITE, INCLUDING ANY SOFTWARE AND CONTENT CONTAINED THEREIN, IS ENTIRELY AT YOUR OWN RISK. THE INFORMATION AND SERVICES PROVIDED OR REFERENCED ON THE WEB SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTIES OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, OF ANY KIND. While Tracing Days may use reasonable efforts to include accurate and up-to-date information on the Web Site, Tracing Days makes no warranties or representations as to the accuracy, timeliness, or completeness of any such information. Tracing Days does not in any way make any warranties, representations or guarantees INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, OR UNINTERRUPTED ACCESS. SPECIFICALLY, Tracing Days DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION ON THE WEB SITE; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Tracing Days may periodically add, change, or improve any of the information, products and services described on the Web Site without notice. Tracing Days assumes no liability or responsibility for any errors or omissions in the content on the Web Site. TO THE MAXIMUM EXTENT ALLOWED BY LAW, NEITHER Tracing Days NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEB SITE IS LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, HOWEVER CAUSED, ARISING OUT OF OR RELATING TO YOUR USE OF, OR RELIANCE ON, THE WEB SITE (INCLUDING, WITHOUT LIMITATION, ANY MERCHANDISE OR SERVICE OFFERED THEREON) OR INABILITY TO GAIN ACCESS TO THE WEB SITE OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF Tracing Days HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE WEB SITE, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. 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 THE SERVICE, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.

Indemnification

You agree to defend, indemnify and hold harmless Tracing Days and its affiliates and their respective members, directors, officers, employees, agents, managers and other representatives from and against all third party claims and expenses, including attorneys’ fees, arising in any way out of the use by you of the Web Site, the placement or transmission of any message, information, software or other materials through the Web Site by you or users of your account or any violation of these Terms of Use by you or users of your account.

Termination / Internet Access

Tracing Days reserves the right to change or discontinue, temporarily or permanently, all or any portion of the Web Site and/or to deny use of all or part of the Web Site to any user for any reason without notification. Tracing Days may, in it sole discretion and at any time, modify or terminate the Web Site and remove or refuse to post any information, content or materials. The content of the Web Site may vary depending upon your browser functionality and limitations.

* You acknowledge and agree that in order to use the Web Site you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including, without limitation, a computer, software and a modem.

Legal Information

The Rules will be governed by and construed under the laws of the State of California. Each party to the Web Site Rules hereby submits to the personal and exclusive jurisdiction of the courts within the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts.

Any failure by Tracing Days to enforce any of its rights under the Rules or applicable laws shall not constitute a waiver of such right. If any provision of the Rules is found by a court of competent jurisdiction to be invalid, you, Tracing Days, and the court shall endeavor to give effect to the intent reflected in that provision, and the remaining Rules provisions shall retain their full force and effect.

You agree to follow any applicable laws in your use of the Web Site. Among other things, United States and foreign export control laws regulate the export and re-export of technology originating in the United States and such foreign countries. You will abide by these laws and regulations as applicable and will not transfer, directly or indirectly, by electronic transmission or otherwise, any content or software from the Web Site to or from any countries or foreign nationals in violation of such laws or regulations.

Please also read the Web Site Privacy Policy, which is part of the Rules and which you accept. If you have any questions, comments or complaints about the Web Site or Tracing Days, please feel free to please contact us on our CONTACT PAGE.

     
 
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TERMS OF USE | PRIVACY POLICY

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