- For Sale
Last update: January 4, 2013
Hornmatters.com (hereinafter known as the “DOMAIN”) is a publication of Horn Notes Edition LLC (hereinafter known as the “LLC”).
All rights reserved 2009 – 2013.
II. Modification of AGREEMENT
The LLC reserves the right to change this AGREEMENT and its terms, conditions, and notices under which the DOMAIN are offered, including but not limited to the charges associated with the use of the DOMAIN.
Any opinions expressed on this DOMAIN represent those solely of the individual LLC respectively and are not made on behalf of, nor intended to represent those of any other party. Any or all copyrighted materials are used in accordance with Section 107 of the U.S. Copyright Law and constitute “fair use.”
IV. Proprietary Rights
All materials on the DOMAIN are the property of the respective LLC or others, unless otherwise specified. This DOMAIN, the content, the logo and brand name are maintained by the LLC. All rights are reserved.
The DOMAIN contain original graphics, images, text, and concepts that are under the authority of the LLC. Without prior written permission from the LLC, you may not copy, modify, plagiarize, adapt, distribute, display, modify or prepare derivative works based upon the materials on this site, except that, unless otherwise stated, you may quote short passages for online reference and/or may print one copy on one computer for your personal, non-commercial use only, provided you do not delete or change any copyright, trademark and other proprietary notices. Note that any product or service referenced on the DOMAIN may be subject to other proprietary rights reserved by their respective owners and are not licensed hereunder. All other rights not expressly granted herein are reserved.
Any visitor to the DOMAIN who provide information to the LLC agrees that the LLC have unlimited rights to such information as provided. Such information as provided by the visitor shall be deemed to be non-confidential. All other trade names, trademarks, logos, and service marks on the DOMAIN are the property of their respective owners.
V. Humor, Parody and Satire
Materials at the DOMAIN labeled directly or implicitly understood as humor, satire and/or parody shall be deemed by you, the end-user, as humor, hyperbole and/or opinion. It shall be understood that said materials do not constitute a statement of actual or verifiable fact and are not intended as such.
Example companies, organizations, products, people and events depicted herein may be fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred in this case.
VI. Modification of Content
The LLC reserves the right, in its sole discretion, to change, modify, edit, alter and/or retract any DOMAIN content (text, graphics, hyperlinks, format, layout, etc.) and the related services or any portion thereof at any time, without notice.
VII. Termination and Access Restriction
The LLC reserves the right, in its sole discretion, to terminate your access to the DOMAIN and the related services or any portion thereof at any time, without notice.
VIII. Applicable Laws
By accessing the DOMAIN, you, the end-user and site visitor, and the LLC agree that the statutes and laws of the state of Arizona, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the DOMAIN. Those who choose to access this site 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.
IX. Warranty Disclaimer and Limitation on Liability
ALL OF THE INFORMATION ON THIS SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
IN NO EVENT WILL LLC BE LIABLE TO ANY PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHETHER INCURRED BY YOU OR A THIRD PARTY, WHICH MAY RESULT FROM THE USE OF THIS SITE OR ANY OTHER LINKED SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The DOMAIN may include inaccuracies or typographical errors. Information on the DOMAIN and any products or services to which the DOMAIN refer may be changed at any time without notice. The LLC make no representations whatsoever about any other web site which you may access through the DOMAIN. Such linked sites are not under the control of the LLC, and the LLC is not responsible for the contents of any linked site or any link contained in a linked site or any changes to such sites. Such links are provided only as a convenience, and the inclusion of a link does not imply the LLC’ endorsement of the linked site.
X. Agreement to Arbitration
To the maximum extent permitted by law, this AGREEMENT is governed by the laws of the State of Arizona, U.S.A. You agree that, by entering into this AGREEMENT, you the end-user waive the right to a trial by jury, to litigate or to otherwise engage in any class action whatsoever against the DOMAIN and/or LLC. Any controversy or claim rising out of or relating to use of this website or its services shall be settled by binding arbitration in accordance with the rules of net-ARB.com. The costs of arbitration shall be borne by the user. The arbitrator’s decision will be binding and may not be appealed. A judgment of a court having jurisdiction may be entered upon the arbitrator’s award. Use of the DOMAIN is unauthorized in any jurisdiction that does not give effect to all provisions of this AGREEMENT, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the LLC as a result of this agreement or use of the DOMAIN. The LLC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the LLC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the DOMAIN or information provided to or gathered by the LLC with respect to such use. If any part of this AGREEMENT is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this AGREEMENT constitutes the entire agreement between the user and LLC with respect to the DOMAIN and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and LLC with respect to the DOMAIN. A printed version of this AGREEMENT and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this AGREEMENT and all related documents be drawn up in English.
XI. Trademarks and Intellectual Property
All materials on this site are the property of the LLC or others, unless otherwise specified. The DOMAIN and content are owned and maintained by the LLC. All rights are reserved in perpetuity.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Some example companies, organizations, products, people and events depicted herein may be fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred in this case.
Any rights not expressly granted herein are reserved.
XII. Copyrighted Materials
Occasionally, the LLC will post copyrighted materials in accordance with Section 107 of the U.S. Copyright Law. Said materials fall within the boundaries of fair use and are either educational or satirical in nature; not for profit; transformative works, and/or; are only a small portion of the total copyrighted work.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), and to the Digital Millennium Copyright Act, notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
The LLC welcomes your comments regarding this AGREEMENT. If you believe that the LLC and/or DOMAIN have not adhered to this AGREEMENT, please contact the LLC.
The DOMAIN use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize the DOMAIN pages, or register with DOMAIN sites or services, a cookie helps the DOMAIN to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same DOMAIN Web sites, the information you previously provided can be retrieved, so you can easily use the DOMAIN features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the DOMAIN services or Web sites you visit.
If any provision of this AGREEMENT shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
If a court finds that any provision of this AGREEMENT is invalid or unenforceable, but that by limiting or superseding such provision by a valid, enforceable provision that most closely matches the intent of the original provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited and the remainder of the agreement shall continue in effect.
XVI. Links to Third-Party Sites
The DOMAIN may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of the LLC and the LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The LLC is not responsible for webcasting or any other form of transmission received from any Linked Site. The LLC is providing these links to you, the end-user, only as a convenience, and the inclusion of any link does not imply endorsement by the LLC of the site or any association with its operators.
XVII. End-User Online Comments
The DOMAIN may contain areas where end-users may post online comments. Any comments deemed by the LLC as containing malicious intent, spurious identities or claims, or irrelevance to the discussion will be removed. The LLC reserves the right to delete any user-submitted comments without notice under Section 230 of Title 47 of the United States Code (47 USC § 230).
Any visitor to the DOMAIN who provide information to the LLC agrees that the LLC has unlimited rights to such information as provided, and that the LLC may use such information in any way the LLC chooses. Such information as provided by the visitor shall be deemed to be non-confidential. All other trade names, trademarks, logos, and service marks on the DOMAIN are the property of their respective owners.
This DOMAIN and its hosting expenses are supported by paid banner advertising. In doing so the DOMAIN and LLC do not present, offer or otherwise imply any kind of product or service endorsements or guarantees for or on behalf of the purchaser of said banner advertising.
XIX. Listing Service
The DOMAIN provides a free listing service for users to post items for sale (hereinafter known as the “Listing Service”). The end-user alone without exception bears the responsibility for the posting of these items and for any ensuing transactions.
It is understood that all postings, messages, text, files, images, photos, or other materials (hereinafter known as the “Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you the end-user is entirely responsible for each individual item (hereinafter known as the “Item”) of Content that is made available via the Listing Service. You, the end-user, agree that the LLC and the DOMAIN do not control, and are not responsible for Content made available through the Service, and that by using the Listing Service, you may be exposed to Content or an Item that is inaccurate or otherwise misleading. Furthermore, the Content available through the Service may contain links to other websites, which are completely independent of the DOMAIN and LLC. All items posted for sale in the Listing Service are the sole responsibility of the person from whom such content originated. The LLC does not control, and is not responsible for content of these ads and the LLC makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site.
The end-user agrees that they must evaluate, and bear all risks associated with, the use of any Content, said Content may not be relied upon, and that under no circumstances will the LLC be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You the end-user acknowledge that the LLC does not pre-screen or approve Content, but that LLC shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of this agreement in whole or in part or for any other reason. You the end-user agree that the LLC will not under any circumstances mediate, negotiate or otherwise participate in any transactions whatsoever generated from the Service.