PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE Korenberg & Abramowitz Website KAFLAW.COM (Referred to as the "Site"). This Site is fully controlled and operated by Faks Media Group, L.P. ("Faks, FaksOnline, Faks Music, F.M.G, FMG Media." or "us"). By accessing and using this Site, you are hereby agreeing to be legally bound by the terms and conditions of The Faks Management Group Terms and Conditions (the "Agreement"). Please note that this Site and the Services (as defined below) offered are only open to users 13 years of age or older. If you do not agree with all of the following terms and conditions, please do not use this Site. By using this Site, you will automatically be registered to use other websites, FaksOnline.com, JBHSVMA.ORG, Sigma-Corp.com & FMGmedia.com and all of the services offered by each, including but not limited to chat rooms, message boards, email services, instant messaging, auctions, shopping, customized homepages, information regarding any events, directories or anything of the sort (collectively, the "Services").
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions. For your information, this page was last updated on January 5, 2002.
OWNERSHIP OF INTELLECTUAL PROPERTY
All site software, design, text, images, photographs, illustrations, audio clips,
video clips, artwork, graphic material, or other copyrightable elements, and the
selection and arrangements thereof, and trademarks, service marks and trade
names (the "Material") are the property of F.M.G. and/or its
subsidiaries, affiliates or assigns or F.M.G.’s licensors *MTV and Jive
Recording Label, Korenberg & Abramowitz: A Law Corporation or
other respective owners and are protected, without limitation, pursuant to U.S.
and foreign copyright, trademark and other applicable laws. Faks Management
Group hereby grants you a personal, non-exclusive, non-assignable and
non-transferable license to use and display the Material for non-commercial and
personal use only provided that you maintain all copyright and other notices
contained in such Material. You agree not to reproduce, modify, create
derivative works from, display, perform, publish, distribute, disseminate,
broadcast or circulate any Material to any third party (including, without
limitation, the display and distribution of the Material via a third party
website) without the express prior written consent of The Faks Management Group
in conjunction to partners, I/e Mtv, Jive Records, Korenberg & Abramowitz: A Law Corporation. Use of F.M.G.’s websites and/or its licensors'
Material is only permitted with their express written permission. You further
agree that you will not disassemble, recompile, reverse engineer or otherwise
modify the Material. Any unauthorized or prohibited use may subject the offender
to civil liability and criminal prosecution under applicable federal and state
laws.
COMMUNITY STANDARDS AND SUBMISSIONS
To the extent that portions of this site provide users an opportunity to submit,
post and/or exchange information, ideas, opinions, photographs, images,
video, creative works, or any other material (hereafter, the "Posting(s)"),
please be advised that Postings do not necessarily reflect the views of F.M.G..
In no event shall F.M.G. or Korenberg & Abramowitz: A Law
Corporation assume or have any responsibility or liability for any Postings or
for any claims, damages or losses resulting from their use and/or appearance on
this site.
By submitting a Posting, you authorize F.M.G. to use, and authorize others to use, such Postings in whole or in part, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. By submitting a Posting, you represent and warrant that you have all necessary rights in such Posting and all information contained therein and that such Posting does not contain libelous, tortuous, or otherwise unlawful information which may infringe upon the right of any third party. If your Posting incorporates the name, voice, likeness or image of any individual, you represent and warrant that you have the right to grant F.M.G. permission to use such name, voice, likeness and/or image of such individual appearing in the Posting in all media throughout the world in perpetuity. Without limiting the foregoing, F.M.G. will have the right to use and change the Postings in any manner that F.M.G. may determine. Please be advised that in no event shall F.M.G. assume or have any responsibility or liability for the manner in which the Posting is exploited or for any claim, damages or losses resulting from their use and/or appearance on F.M.G.'s websites, affiliated television programming services or elsewhere. Please also understand that your Postings shall not be returned by F.M.G..
You agree to defend, indemnify and hold John Burroughs High School Vocal Music Association, its parent (F.M.G.), affiliated subsidiary and/or related entities and parties harmless from and against any breach or alleged breach of any of your representations, warranties or undertakings hereunder.
DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON
AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. F.M.G. is not
responsible or liable for any infections or contamination of your system, or
delays, inaccuracies, errors, or omissions arising out of your use of this Site
or with respect to the information and material contained on this Site. The
entire risk as to the quality, accuracy, adequacy, completeness, correctness and
validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, F.M.G., ITS AFFILIATES, AND THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD
PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND
INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL,
INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE
INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS
PROVIDED OR OTHERWISE SUPPLIED BY F.M.G OR ANY THIRD PARTY. Notwithstanding the
foregoing, in no event shall F.M.G’s liability to you for any and all claims,
damages, losses, and causes of action (whether in contract, tort or otherwise)
exceed the amount paid by you, if any, for accessing this Site.
HYPERLINKS TO THIRD PARTY SITES
The appearance of external hyperlinks does not constitute endorsement by F.M.G.,
its subsidiaries and affiliates of the opinions or views expressed by these
linked websites and F.M.G. does not verify, endorse, or take responsibility for
the accuracy, currency, completeness or quality of the content contained in
these sites. Furthermore, F.M.G. is not responsible for the quality or delivery
of the products or services offered, accessed, obtained by or advertised by such
sites. As such, neither F.M.G., its subsidiaries and affiliates will be
responsible for any errors or omissions or for the results obtained from the use
of such information contained in these sites. To the extent that these sites
collect personal information (the "Information") or Postings
from the end user, be advised that in no event shall F.M.G. assume or have any
responsibility or liability for the manner in which the Information or Postings
are exploited or for any claims, damages, or losses resulting from their use
and/or appearance on these sites. Finally, F.M.G. will under no circumstances be
liable for any direct, indirect, incidental or special loss or other damage,
whether arising from negligence, breach of contract, defamation, infringement of
copyright or other intellectual property rights, caused by the exhibition,
distribution or exploitation of any information or content contained within
these sites.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless, F.M.G., its affiliates, and
their respective officers, directors, employees, agents, licensors,
representatives, and third party providers to the Site from and against all
losses, expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation of this Agreement by you. F.M.G. reserves the right
to assume, at its sole expense, the exclusive defense and control of any matter
subject to indemnification by you, in which event you will fully cooperate with
F.M.G. in asserting any available defenses.
MISCELLANEOUS
F.M.G. operates and controls this site from its offices in Burbank California
United States of America. This site is intended exclusively for residents of the
United States including residents of the United States, its territories and
possessions. No software from this Site may be downloaded, exported or
re-exported in violation of any law including, without limitation, to countries
that are subject to U.S. export restrictions. This Agreement contains the entire
understanding and supersedes all prior understanding of the parties hereto
relating to the subject matter hereof, and cannot be changed or terminated
orally. If any provision of this Agreement is found to be illegal or
unenforceable, the Agreement will be deemed curtailed to the extent necessary to
make it legal and enforceable and will remain, as modified, in full force and
effect.
This Agreement and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of California applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the State and County of California