PLEASE READ CAREFULLY BEFORE USING THIS SITE
I. DESCRIPTION OF SERVICE
3sae.com currently provides users with access to various communications tools, multimedia, online forums and personalized Content through its Web site. By using our site, you understand and agree that 3sae.com exists "AS-IS" and that 3sae.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
III. MEMBER CONDUCT
You understand that all information, media or other types of communication including any Community Section Materials as defined below, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. 3sae.com will not assume any responsibility for those materials. This means that you, and not 3sae.com, are entirely responsible for all Content that you upload, post, e-mail, download, distribute or otherwise transmit to our site. You are also responsible for any costs incurred in uploading the communications to 3sae.com. 3sae.com does not control, monitor or edit the Content posted in artist pages or reviews, and therefore does not guarantee the accuracy, integrity or quality of such Content. We reserve the right to remove any Content or refuse the transmission of any Content that we deem offensive, indecent or objectionable. In the event that we do not catch this material, you understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.
You bear all the risks associated with the use of or exposure to any Content. You acknowledge and agree that 3sae.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of 3sae.com, its users and the public.
You warrant and covenant to 3sae.com that you will not use the Service to: upload, post, e-mail or otherwise transmit any Content that is unlawful, harmful, fraudulent, threatening, abusive, or harassing (including any spam, junkmail or otherwise solicitous communications); defamatory, vulgar, obscene, libelous, invasive of another's privacy or publicity rights; hateful, or racially, ethnically or otherwise objectionable that would constitute or encourage a criminal offense; violate the rights of any party; or that would otherwise give rise to liability or violates any law; á harm anyone in any way; á impersonate any person or entity, including, but not limited to, employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; á upload, post, e-mail or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; á upload, post, e-mail or otherwise transmit 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; á interfere with or disrupt the Service, the enjoyment of the Service, or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or collect or store personal data about other users.
IV. MATERIALS PROVIDED TO 3sae.com
3sae.com does not claim ownership of the materials you provide to 3sae.com or post, upload, input or submit to the Service (collectively "Member Materials"). However, by posting, uploading, inputting, providing or submitting Member Materials you are granting 3sae.com, its affiliates, business partners and licensees a worldwide, perpetual, royalty-free right to use Member Materials in connection with all aspects of the operation and promotions of their Internet businesses, including but not limited to, the rights to copy, distribute, transmit (digitally or otherwise), publicly display, publicly perform, reproduce, edit, translate and reformat Member Materials, and to publish your name in connection with Member Materials. No compensation of any kind will be paid and you agree that none is owed with respect to any use by 3sae.com or its licensees or business partners of Member Materials. 3sae.com is under no obligation to post or use any Member Materials and may remove any Member Materials at any time at 3sae.com's sole discretion.
You also warrant when you provide, upload or post material that you own or otherwise control all of the rights to those Member Materials as described in this section. You are also guaranteeing that your materials do not violate any law, regulation or any right of any third party and are not designed to have a deleterious effect on 3sae.com, other users or any computer, network, software or hardware or carry any sort of virus. Under no circumstances will 3sae.com 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, e-mailed or otherwise transmitted via the Service.
V. 3sae.com's PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (the "Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that all material on this site, including, but not limited to, editorial Content, images, illustrations, audio clips and video clips, is protected by copyrights, trademarks, service marks, patents or other proprietary rights which are owned and controlled by either 3sae.com or by other parties that have licensed their material to 3sae.com, including other users. No material from 3sae.com or any Web site owned, operated, licensed or controlled by 3sae.com may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of 3sae.com's and its licensors' copyright and other proprietary rights. For purposes of these Terms of Service, the use of any such material on any other Web site or networked computer environment is prohibited. All applicable trademarks, service marks and trade names are proprietary to 3sae.com. Except as expressly authorized by 3sae.com, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
VII. LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL 3sae.com OR ANY OF ITS AFFILIATES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THIS WEB SITE, ANY 3sae.com SITE OR THE SERVICE, EVEN IF 3sae.com HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.
You agree to indemnify and hold 3sae.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim, cause of action, or demand, including all attorneys' fees, made by any third party due to or arising out of any Content you submit, post to or transmit through the Service; your use of the Service or any 3sae.com Web site or any Software; your connection to the Service; your violation of or failure to adhere to the Terms of Service; your status as a 3sae.com user or visitor; or your interaction with any third party on the Internet or the World Wide Web.
X. COPYRIGHT ISSUES
Please use the following process to notify us of any copyright issues. All claims of copyright infringement should be in writing and should be directed to 3sae.com at the following address, facsimile number or voice telephone number:
3SAE Technologies, Inc.
416 Mary Lindsay Polk Dr.
Franklin, TN 37067
Tele: 615 778 8812
Fax: 615 778 8816
Claims of copyright infringement should include all of the following:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of a copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single Web site are covered by a single claim, a representative list of such works at that Web site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit 3sae.com to locate the material;
• Information reasonably sufficient to permit 3sae.com to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.