DARRELL BELL MUSIC.COM (DBM)

1. You should assume that everything you see or read on the Site is copyrighted unless otherwise noted, and may not be used except as provided in these Terms and Conditions without the written permission of DBM. DBM neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with DBM.
2. While DBM uses reasonable efforts to include accurate and up to date information on the Site, DBM makes no warranties or representations as to its accuracy.  assumes no liability or responsibility for any errors or omissions in the content of the Site.DBM.
3. Your use of and browsing in the Site are at your risk. Neither DBM nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out DBM  your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. DBM also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
4. While we are always happy to hear from you, it is DBM’s policy not to accept or consider creative materials, ideas, or suggestions other than those we specifically request. This is to avoid any misunderstandings if your ideas are similar to those we have developed independently. Therefore we must request that you do not send to us any original creative materials such as screenplays, stories, original artwork, etc. Any communication or material you do transmit to the Site by electronic mail or otherwise will be treated as non-confidential and non-proprietary. Anything you transmit or post may be used by DBM or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting.
5. Images of people or places displayed on the Site are either the property of, or used with permission by, DBM. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
6. The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of DBM and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of DBM or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that DBM will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
7. DBM has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.
8. Although DBM may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, DBM is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. DBM will fully cooperate with any law enforcement authorities or court order requesting or directing DBM to disclose the identity of anyone posting any such information or materials.
9. You agree to indemnify, defend and hold DBM and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the “Indemnified Parties”) harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys fees) incurred by any Indemnified Party in connection with any breach by you of these Terms and Conditions. DBM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with DBM’s defense of such claim.
10. The Sites are controlled and operated by DBM from its offices within The United States. DBM makes no representation that materials in the Sites are appropriate or available for use in other locations and other countries. Those who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.? This agreement shall be governed by, construed and enforced in accordance with the laws of the United States, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or DBM bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the state or Federal Courts located in The United States, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by DBM.

EMAIL TRANSMISSIONS?
Transmission of email is at your on risk. DBM cannot accept responsibility for your transmission of confidential information or any obligation with respect to that information.

SUBMISSION OF CORRECT INFORMATION BY YOU?
You agree that you are responsible for the spelling and other information forwarded to DBM and that information is exactly as you desire for DBM to perform the Services requested. Submission of credit card information via our website, via facsimile, or otherwise authorizes DBM to charge your credit card for the Services.

PURCHASE OF SERVICES BY AGENT?
You agree that, if an agent (e.g., an Internet Service Provider, employee, attorney, CPA, etc.) purchased our Services on your behalf, you are nonetheless bound as a principal by all terms and conditions herein.

RIGHT OF REFUSAL?
DBM, in its sole discretion, reserves the right to refuse to provide Services to you. You agree that DBM shall not be liable to you for loss or damages that may result from our refusal to provide Services.

SEVERABILITY?
In the event that any of the provisions of this Agreement are held 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.

GOVERNING LAW?
The entrance and use of this website and these General Terms and Conditions are solely governed by US law. Any dispute from the entrance or use of the websites of DCL and/or the use of information derived from these websites shall exclusively be submitted to and finally be resolved by the competent court in the United States, with exclusion of any kind of other court in any other country. You waive any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorney fees.

COMPLIANCE WITH APPLICABLE LAWS?
You agree that you are in compliance with all applicable laws and regulations pertaining to or governing your use of this Site, and you agree to indemnify and hold DBM harmless from and against any and all claims, damages, losses or obligations suffered or incurred by you arising from your failure to comply.

WAIVER?
No term or provisions hereof shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

ENTIRE AGREEMENT?
You agree that this Agreement amounts to the complete and exclusive agreement between you and DBM regarding our Services. This Agreement supersedes any prior agreements and understandings, whether oral or written and whether established by custom, practice, policy or precedent.

BY USING THIS SITE AND/OR ANY SERVICES RELATED THERETO, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF USE AND DISCLAIMER.

DBM may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.