GENERAL
DISCLAIMER AND LIMITATION OF LIABILITY
You
expressly agree that use of the Service is at your own risk.
Neither Shaolin, nor any of its employees, agents, Instructors,
counselors, content providers or licensors makes any representations
or warranties of any kind regarding the Service, the Content,
any advertising material or the results that may be obtained from use
of the Service. The Service is provided on an "as
is" basis and Shaolin specifically disclaims any express
or implied warranties, including without limitation, warranties of fitness
for a particular purpose, warranties of merchantability or warranties
against infringement.
Shaolin,
its affiliates, employees, agents, content providers and licensors shall
in no event be liable for any damages or losses, including, without
limitation, direct, indirect, consequential, special, incidental or
punitive damages, resulting from or caused by the Service or
its Content, including, without limitation, losses related to:
your use or inability to use the service; any errors, omissions or defects
in the Content; or any interruptions, delays in transmission,
or computer viruses.
In
any event, any liability of Shaolin, its employees, agents, content
providers and licensors shall not exceed the amount paid by you to the Service in the 12 months prior to the claimed injury or damage.
EMAIL
PRIVACY POLICY
We have created this email privacy policy to demonstrate our firm commitment
to your privacy and the protection of your information.
If you received
a mailing from us, (a) your email address is either listed with us as
someone who has expressly shared this address for the purpose of receiving
information in the future ("opt-in"), or (b) you have registered
or purchased or otherwise have an existing relationship with us. We
respect your time and attention by controlling the frequency of our
mailings.
How
we protect your privacy
We
use security measures to protect against the loss, misuse and alteration
of data used by our system.
Sharing
and Usage
We will never share, sell, or rent individual personal information with
anyone without your advance permission or unless ordered by a court
of law. Information submitted to us is only available to employees managing
this information for purposes of contacting you or sending you emails
based on your request for information and to contracted service providers
for purposes of providing services relating to our communications with
you.
How
can you stop receiving email from us?
Each email sent contains
an easy way for you to cease receiving email from us, or
to change your expressed interests. If you wish to do this, simply follow
the instructions at the end of any email, which is usually just clicking the "opt-out" link with it's pre-programmed SUBJECT= Please remove me from this email list... or something to that same effect.
Privacy Policy Changes
This Email Policy was created on September 4, 2002.
This Email Policy was last revised on May 9, 2007.
Terms & Conditions
This Internet website is the property of Shaolin Communications. References to "Shaolin Comm. ", "shaolinCOM.com", or "this website" shall also be deemed to be references to Shaolin Communications and www.shaolinCOMMUNICATIONS.com.
SHAOLIN COMMUNICATIONS PROVIDES ACCESS TO THIS WEBSITE AND ANY RELATED SERVICES PROVIDED HEREON (THE "SHAOLIN COMMUNICATIONS ONLINE SERVICES") SUBJECT TO YOUR COMPLIANCE WITH THE FOLLOWING TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS CONSTITUTE AN AGREEMENT BETWEEN YOU AND SHAOLIN COMMUNICATIONS ("AGREEMENT") THAT GOVERNS THE RELATIONSHIP BETWEEN YOU AND SHAOLIN COMMUNICATIONS WITH RESPECT TO YOUR USE OF THIS WEBSITE AND THE SHAOLIN COMMUNICATIONS ONLINE SERVICES. THUS, IT IS IMPORTANT THAT YOU READ CAREFULLY AND UNDERSTAND THESE TERMS AND CONDITIONS.
TRADEMARK AND COPYRIGHT INFORMATION: All material on this website, including, but not limited to, text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, and software is owned, controlled by, or licensed to Shaolin Communications, and is protected by copyright, trademark, and other intellectual property rights. Material on this website is made available solely for your personal, non-commercial use and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of Shaolin Communications in each instance. You may download material intentionally made available for downloading from this website for your personal, non-commercial use only, provided that you keep intact any and all copyright and other proprietary notices that may appear on such materials.
CODE OF CONDUCT: The following rules, policies, and disclaimers shall govern and/or apply to your use of the Shaolin Communications Online Services on this website (including, without limitation, any bulletin boards, chat rooms, or other online services provided on this website).
We do not review every message, nor do we confirm the accuracy or validity of information posted. We do not actively monitor the contents of the postings, nor are we responsible for the content of any postings. We do not vouch for, nor do we warrant the validity, accuracy, completeness, or usefulness of any message or information posted. The contents of the postings do not represent the views of Shaolin Communications, its labels, or any person or property associated with Shaolin Communications, the Shaolin Communications Online Services, this website, or any other website in the Shaolin Communications family of websites. If you feel that any posting is objectionable, we encourage you to contact us by email. We will make every effort to remove objectionable content if we deem removal to be warranted. Please understand that removal or editing of any posting is a manual process and might not occur immediately.
You agree, by using this website and/or the Shaolin Communications Online Services, that: (1) you will not use this website or any of the Shaolin Communications Online Services to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, obscene, profane, hateful, harassing, sexually oriented, threatening, invasive of one's privacy, or otherwise in violation of any law; (2) you will not restrict or inhibit any other user from using and enjoying this website or any of the Shaolin Communications Online Services provided hereon (for example, by means of hacking or defacement); (3) you will not post any copyrighted material on this website or any of the Shaolin Communications Online Services provided hereon unless you own the copyright in and to such material; (4) you will not post or transmit any information or software that contains a virus, worm, timebomb, cancelbot, trojan horse or other harmful, disruptive, or deleterious component; (5) you will not post or transmit materials in violation of another party's copyright or other intellectual property rights; (6) you will not utilize any robot, spider, site search/retrieval application, or any other manual or automated technique to scrape, index, data mine, etc., or in any way reproduce or circumvent the navigational structure or presentation of this website, the Shaolin Communications Online Services, or the contents of such website or services; and (7) you will not impersonate any other individual or entity in connection with your use of this website or any of the Shaolin Communications Online Services.
Although we cannot and do not review all posted messages, we reserve the right to remove (or not) any message for any (or no) reason whatsoever. You remain solely responsible for the content of your messages, and you agree to indemnify and hold harmless Shaolin Communications and their agents with respect to any claim based upon the transmission of your message(s) and/or posting(s).
We reserve the right to reveal your identity (including whatever information we know about you) in the event of a complaint or legal action arising from any message posted by you.
Posting of advertisements, chain letters, pyramid schemes, solicitations, and the like, are inappropriate and forbidden on the Shaolin Communications websites and any related Shaolin Communications Online Services (including bulletin boards and chat rooms).
WARRANTY DISCLAIMER
Shaolin Communications has provided links and pointers to internet sites maintained by third parties (Third Party Sites) and may, from time to time, provide third party materials on this website. Neither Shaolin Communications, its parent or subsidiary companies, nor their affiliates, operate or control in any respect any information, products, or services on these third party sites. The materials in this website and the tirhd party sites are provide "as is" and "as availble" with no representaions or warranties of any kind, either expressed or implied, including, but no limited to, any implied warranties of merchantability, fitness for a particular purpose, and noninfringement. You assume total responsiblity and risk for your use of this website and the Shaolin Communications online services.
Shaolin Communication, its affiliates, and its sponsors are neither responsible for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to this website, the Shaolin Communications website, the Shaolin Communications online services, and/or any third party sites. Your sole remedy for dissatisfaction with this website is to stop using the website(s) concerned and/or those services. Shaolin Communications does not warrant that the functions contained in this website, the Shaolin Communications online services and/or any third party sites will be uninterrupted or error-free, that defects will corrected or that this website or any third party sites, or the servers that make them available, are or will be free of viruses or other harmful components. Shaolin Communications does not warrant or make any representations regarding the use or the results of the use of the materials on this website, the Shaolin Communicats online services, or any Third Party sites in terms of therir correctness, accuracy, timeliness, reliability, or otherwise. You (and not Shaolin Communications) assume the entire cost of all necessary mantenance, repair, or correction of such matierials.
Shaolin Communications makes no representaions or warranties regarding how often he materials or information posted on this website will updated (if at all) or the number or identification of the recording artists or other individuals (if any) that will be featured on this website.
VOID WHERE PROHIBITED
Although this website is accessible worldwide, not all products or services discussed or referenced on this website are available to all persons or in all geographic locations. Shaolin Communications reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any product or service made in this website is void where prohibited.
LICENSE TO SHAOLIN COMMUNICATIONS
By posting messages, uploading files, inputting data, or engaging in any other form of communication through this website, you are granting Shaolin Communications a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: (1) use, copy, sublicense, adapt, transmit, publicly perform, or display any such communication; and (2) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction.
MAKING PURCHASES
If you wish to purchase products or services described on this website, you may be asked to supply certain information including credit card or other payment information. You agree that all information that you provide will be accurate, complete, and current. You agree to pay all charges, including shipping and handling charges, incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Shaolin Communications and its affiliated companies, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms and Conditions. Shaolin Communications reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.
LITIGATION ISSUES
This Agreement is entered into in the State of California and shall be governed by, and construed in accordance with, the laws of the State of California, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts sitting in the city of Los Angeles, in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. Each party to this Agreement further agrees as follows: (i) any claim brought to enforce this Agreement must be commenced within two (2) years of the cause of action accruing; (ii) no recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees; (iii) any claim must be brought individually and not consolidated as part of a group or class action complaint.
In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto with respect to the subject matter of this Agreement are expressly canceled. Shaolin Communications may modify the terms of this Agreement.
DESIGNATED AGENT UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT
The Digital Millennium Copyright Act (DMCA) provides a mechanism for notifying service providers of claims of unauthorized use of copyrighted materials. Under the DMCA, a claim must be sent to the service provider's Designated Agent. If you believe in good faith that Shaolin Communications should be notified of a possible online copyright infringement involving any Shaolin Communications website, please notify Shaolin Communication's designated agent:
Richard Connor, Copyright Administrator, Shaolin Music
Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth in the DMCA. You are encouraged to review them (see 17 U.S.C. Sec. 512(c)(3)) before sending your notice of claim.
Any reproduction, publication, further distribution, or public exhibition of materials provided at this site,
in whole or in part, is strictly prohibited.
For permission to reprint portions of this site, graphics, poetry, music, or information;
please contact our Shaolin Communications publisher: