STATEMENT: Legal Notice and Terms of Use
Last update: February 14, 2019
I. Definitions and Terms of Use
Hornmatters.com (hereinafter known as the “DOMAIN”) is a publication of Horn Notes Edition LLC (hereinafter known as the “LLC”).
This page contains proprietary rights notices and terms of use of this site and the DOMAIN, which the LLC may change at any time without notice. The DOMAIN is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the DOMAIN constitutes your agreement to all such terms, conditions, and notices.
If you, the end-user, do not agree to these terms of use, please do not use or access any of the DOMAIN. If you are dissatisfied with any portion of the DOMAIN or with any of these terms, terms of use, statements, provisos, conditions and/or notices (hereinafter known in toto as the “AGREEMENT”), your sole and exclusive remedy is to discontinue using the DOMAIN.
All rights reserved 2009 – 2019.
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.
III. Disclaimer
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.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LLC AND/OR HIS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE DOMAIN, WITH THE DELAY OR INABILITY TO USE THE DOMAIN OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE DOMAIN, OR OTHERWISE ARISING OUT OF THE USE OF THE DOMAIN, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LLC OR ANY OF HIS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF DOMAIN, OR WITH THIS AGREEMENT OR ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE DOMAIN.
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, pleasecontact the LLC.
XIII. Use of Cookies
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.
XIV. Use of JavaScripting
The DOMAIN use JavaScripting to help you personalize your online experience. One of the primary purposes of JavaScripting is to provide interactive features to enhance the organization and delivery of the DOMAIN content.
You have the ability to accept or decline JavaScripting. Most Web browsers automatically accept JavaScripting, but you can usually modify your browser setting to disengage JavaScripting if you prefer. If you choose to do this, you may not be able to fully experience the interactive features of the DOMAIN services and features.
XV. Severability
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.
XVIII. Advertising
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.