Website Terms

Terms and Conditions:

POLICIES AND PROCEDURES STATEMENT

PLEASE READ THESE POLICIES AND PROCEDURES GOVERNING THE TERMS AND CONDITIONS OF YOUR USE OF THE MEDIUMTROY.COM WEB SITES CAREFULLY BEFORE USING THEM.

  • Terms of Use

  • Permitted Use

  • Copyright and Trademarks of MEDIUMTROY.COM

  • Termination

  • Prohibited “User Content”

  • Monitoring Policy

  • Disclaimer

  • Further Disclaimer – User Contributions

  • Commerce 

  • Limitation of Liability

  • Jurisdictional Issues

  • Attorneys Fees

TERMS OF USE.

By using this Web site, you agree to these terms of use.

If you do not agree to these terms of use, please do not use our Web site. From time to time, we may change, modify, add or remove portions of these terms. As a result, you should periodically check to see what changes we have made. Your continued use of this Web site following the posting of any such changes to these terms will mean that you accept these changes.

PERMITTED USE.

This Web site is owned and operated by the band Medium Troy.

You may view and retain a copy of pages of this Site only for your personal use, provided you keep intact all copyright and other proprietary notices. You may not reproduce, copy, upload, republish, post, transmit or distribute in any way material from this Web site or any Web site owned, operated, licensed or controlled by MEDIUMTROY.COM without getting our permission in writing first.

If applicable, if you download software from this site, the software, including any files, images, text, graphics, audio clips, or videoclips incorporated in or generated by the software and any data accompanying the software (the “Software”) are licensed to you by MEDIUMTROY.COM. However, MEDIUMTROY.COM does not transfer title of the Software to you. You may own the medium on which the Software is recorded, but MEDIUMTROY.COM retains sole and complete title to the Software and any and all intellectual property rights therein or appurtenant thereto.

You may not duplicate, publish, redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software into a human perceivable form. By uploading or submitting any materials to us, you automatically grant us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or include such materials into any form, medium or technology now known or later developed throughout the universe. In addition, you agree to waive what are called moral rights in these materials.

COPYRIGHTS AND TRADEMARKS OF MEDIUMTROY.COM.

FOR PURPOSES OF THESE POLICIES AND PROCEDURES, THE USE OF ANY SUCH MEDIUMTROY.COM MATERIAL ON ANY OTHER WEB SITE OR NETWORK COMPUTER ENVIRONMENT IS STRICTLY PROHIBITED.

ALL LOGOS, TRADEMARKS, SERVICE MARKS, AND TRADE NAMES ARE PROPRIETARY TO MEDIUMTROY.COM OR THIRD PARTIES.

IF YOU BELIEVE THAT MEDIUMTROY.COM HAS COPIED YOUR WORK IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT, PLEASE PROVIDE MEDIUMTROY.COM WITH INFORMATION SUFFICIENT TO INVESTIGATE AND REMEDY ANY INFRINGING MATERIAL.

TERMINATION.

These terms are effective until terminated by MEDIUMTROY.COM.

You may terminate these terms at any time by destroying all (a) materials obtained from any and all MEDIUMTROY.COM Web site; (b) all related documentation; and (c) all copies and installations thereof, whether made under terms or otherwise. These terms will terminate immediately without notice from MEDIUMTROY.COM if, in MEDIUMTROY.COM’s sole discretion, you fail to comply with any provision of these terms. Upon termination, you must destroy all materials obtained from this Web site and any and all other MEDIUMTROY.COM site(s) and all copies thereof, whether made under these terms or otherwise.

PROHIBITED “USER CONTENT”.

This Web site may have an area which allows you to “chat” , comment or upload and download materials.

Users can be held liable for any illegal or prohibited “User Content” they provide to the Site or to other users, including, for example, infringing, defamatory, or offensive materials.

So that the Site is available for all users to enjoy, you may not, and hereby represent and warrant that you will not, post, transmit, email or otherwise make accessible on or through the Site “User Content” that:

  • Interferes with anyone else’s use of the Site;

  • Interfere with or disrupt the Site or any server or network involved with the operation of the Site;

  • Is unlawful, harmful, threatening, tortious, defamatory, libelous, abusive, disparaging, pedophilic, pornographic, obscene, interferes or is invasive of another’s privacy, hateful, or malicious;

  • Contains hate propaganda or promotes discrimination or violence against any people on account of their race, national origin, religion, age, gender, disability, or sexual orientation;

  • Stalk, harass or advocates harassment of another person;

  • Is or could be harmful to minors or provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;

  • Post or submit unsolicited commercial e-mail, chain letters; pyramid schemes, or seek or encourage others to engage in these activities;

  • Solicits passwords, or personal identifying information for commercial or unlawful purposes from other users;

  • Collect or “harvest” from the Site the names of other users for the purpose of transmitting to those other users unsolicited commercial messages;

  • Promotes information that you know is false, misleading, or promotes illegal activities or conduct or encourages anyone to break the law;

  • Is or promotes an illegal or unauthorized copy of another person’s work, such as providing pirated computer programs or links to them, or providing information to circumvent manufacture-installed copy-protect devices;

  • Infringes any patent, copyright, trademark, service mark, trade secret, or other proprietary right of any other party;

  • Contains restricted password only access pages, or hidden pages or images (those not linked to or from another accessible page);

  • Provides instructional information about illegal activities such as making or buying illegal weapons, or providing or creating computer viruses;

  • Contains a software virus or any other code files or programs that are designed to or have the ability to interrupt, destroy, compromise, or otherwise limit the functionality of any computer software or hardware or telecommunications equipment whether owned by MEDIUMTROY.COM or any other party;

  • Otherwise violates any local, state, national or other applicable law or regulation.

In addition, you may not, in connection with your use of the Site:

  • Impersonate any person or entity, including a MEDIUMTROY.COM officer or employee, or falsely misrepresent your affiliation with any other person or entity;

  • Forge headers or otherwise manipulate identifiers for the purpose of disguising the origin of any “User Content” posted or transmitted through or on the Site;

  • Engage in commercial activities and/or sales without MEDIUMTROY.COM’s prior written consent including, without limitation, contests, sweepstakes, barter, or advertising;

  • Post or transmit any Content that you do not have the right to post or transmit;

You agree to comply with any additional Terms which are referred to on this Web site or any subsite within the Web site.

If you discover this kind of material or activity on the Site, please notify us at webmaster@MEDIUMTROY.COM

MONITORING POLICY.

Although MEDIUMTROY.COM may from time to time monitor or review bulletin boards, chat rooms, discussions, postings, transmissions and the like on this Web site, MEDIUMTROY.COM is under no obligation to do so and assumes no liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity or profanity contained in any such communication.

MEDIUMTROY.COM may change, edit, or remove any user material or conversations that are illegal, indecent, obscene or offensive, or that violates MEDIUMTROY.COM’s policies in any way or that at the sole discretion of MEDIUMTROY.COM are not consistent with the purpose of the site. MEDIUMTROY.COM will fully cooperate with any law enforcement authorities or court order requesting or directing MEDIUMTROY.COM to disclose the identity of anyone posting such materials.

DISCLAIMER.

THE MATERIALS IN THIS WEB SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MEDIUMTROY.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

MEDIUMTROY.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERRORFREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

MEDIUMTROY.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERALS IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT MEDIUMTROY.COM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

FURTHER DISCLAIMER – USER CONTRIBUTIONS.

MEDIUMTROY.COM explicitly disclaims any responsibility for the accuracy, content, or availability of information found on Web sites that link to or from MEDIUMTROY.COM from third parties not associated with MEDIUMTROY.COM.

MEDIUMTROY.COM encourages discretion when browsing the Internet using our or anyone else’s service. Because some Web sites employ automated search results or otherwise link you to Web sites containing information that may be deemed inappropriate or offensive, MEDIUMTROY.COM cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party Web sites, and you hereby irrevocably waive any claim against us with respect to such Web sites.

MEDIUMTROY.COM cannot ensure that you will be satisfied with any products or services that you purchase from a third-party Web site that links to or from MEDIUMTROY.COM since they are owned and operated by independent retailers. MEDIUMTROY.COM does not endorse any of the merchandise, nor has MEDIUMTROY.COM taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party Web sites.

MEDIUMTROY.COM does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be required to give any third party, and you hereby irrevocably waive any claim against us with respect to such Web sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

COMMERCE

If you buy an item from the online store and you don’t get it within a week it probably means we screwed up.  We’re sorry but we don’t get many online orders – most of the stuff we sell is at shows – you give us cash or whatever and we give you a shirt or a CD or a really cool USB stick and everyone is happy.  When you order online, the website code sends our Manager an email.  He’s a bit nerdy but once you get to know him you will really like him.  Our Manager is a really smart and hard working guy who gets like 200 emails a day and since we get about one order a month online he sometimes misses that one.   If this happens to you please don’t get mad.  Just use the contact form on the site and remind him to check his email for an order.  On the positive side, he feels really bad when this happens and always ships out free stuff to make up for it.

LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MEDIUMTROY.COM BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERALS IN THIS SITE, EVEN IF MEDIUMTROY.COM OR AN MEDIUMTROY.COM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL MEDIUMTROY.COM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, ALL LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEB SITE.

JURISDICTIONAL ISSUES.

This Web site is controlled and operated by MEDIUMTROY.COM from its offices within the State of California, United States of America.

MEDIUMTROY.COM makes no representation that materials in this Web site are appropriate or available for use in other locations. Those who choose to access this Web 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.

ATTORNEY’S FEES.

In the event that MEDIUMTROY.COM brings a suit against the user for the interpretation or enforcement of this Agreement, the prevailing party shall be entitled to obtain reimbursement from the non-prevailing party for all costs and expenses, including, without limitation, attorneys’ fees and disbursements, incurred by the prevailing party.

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