Terms of Use

The Fire Note

By accessing this Website, you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this Website are protected by applicable copyright and trade mark law.

Limitations:
In no event shall The Fire Note or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on The Fire Note’s Internet site, even if The Fire Note or a Fire Note authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Intellectual Property:
All Website words, pictures, videos and images are the property of The Fire Note, its affiliates or licensors. For any reuse or distribution, you must attribute the work to The Fire Note and its publishing author, not alter or transform it in any way, or use it for commercial purposes. Please link.

Revisions and Errata:
The materials appearing on The Fire Note’s Website could include technical, typographical, or photographic errors. The Fire Note does not warrant that any of the materials on its Website are accurate, complete, or current. The Fire Note may make changes to the materials contained on its Website at any time without notice. The Fire Note does not, however, make any commitment to update the materials.

Links:
The Fire Note has not reviewed all of the sites linked to its Internet Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by The Fire Note of the Website. Use of any such linked Website is at the user’s own risk.

User Conduct:
The Fire Note both allows and encourages user comment in its provided comment section on the condition that the user does not upload or post anything unlawful, harmful, threatening, harassing, explicit, hateful, or invasive of one’s privacy; impersonate any person, entity, or company; interfere or disrupt the service of the Website in any manner.

At any time, The Fire Note has the right to “ban” or “terminate” any user in violation of these policies. Please note that The Fire Note is not responsible material submitted or posted to the Website by users. The Fire Note does not review or edit submitted material in any manner, but does have the right to remove it if later viewed in violation of policies.

Purchase of merchandise:
In the event any merchandise or services are offered for sale via this Website which are listed at an incorrect price or contain other incorrect information, The Fire Note shall have the absolute right to refuse or cancel any order placed for such merchandise or services and The Fire Note is released from liability for same. Your only remedy is to return to The Fire Note or a third party offering that merchandise for a refund, at The Fire Note’s or the third party’s sole discretion.

Submissions:
The Fire Note welcomes your comments but does not accept unsolicited submissions for programming, Websites and other products and we cannot review your submissions. The Fire Note has adopted this policy to avoid misunderstandings about projects The Fire Note develops which may appear to be similar to someone else’s idea, suggestion or material. If you choose to submit material to The Fire Note despite this request not to submit ideas for programming, Websites and other products, The Fire Note will not treat any submission as confidential. The Fire Note will not be liable for any use or disclosure of that submission to any third party and/or for loss of any material submitted and may use it for any purpose. By submitting material to this Website you acknowledge that the material may be identical with or similar to themes, plots, ideas, formats or other elements that The Fire Note has independently developed or that has or may come to The Fire Note from other sources. You represent and warrant that the submission is wholly original to you and its use will not violate the rights, common law or otherwise, of any kind or nature whatsoever of any third party or entity. Any submission will become the sole property of The Fire Note and will not be returned to you and The Fire Note shall not be required to respond to any submission received. You agree that you are not entitled to any compensation by reason of The Fire Note’s use of similar or identical material.

Contests & Giveaways:
The Fire Note periodically runs contests and giveaways on the Website. To participate in these contests and giveaway, users are asked to enter either via submission form or e-mail. Each entered user is bound by the any contest or giveaway rules. Upon submission, all registrations and information become exclusive property of The Fire Note, as defined by Privacy Policy.

The Fire Note reserves the right to cancel or alter any contest or giveaway and their respective rules at any time without prior notification.

Site Terms of Use Modifications:
The Fire Note may revise these terms of use for its Website at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Privacy Policy:
Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. Please click here to read it.

Copyright & Trademark Notice and Agent:
This Website is the copyright of The Fire Note LLC and its licensors, all rights reserved.
The entire contents of the Website are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are The Fire Note, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Website solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to The Fire Note a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to The Fire Note by all means and in any media now known or hereafter developed. You also grant to The Fire Note the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against The Fire Note for any alleged or actual infringement or misappropriation of any proprietary right in your communications to The Fire Note.

Pursuant to the terms of the Digital Millennium Copyright Act, The Fire Note has designated a Copyright Agent to receive notice of claims of copyright infringement on the Website. The Fire Note’s Copyright Agent may be reached at:

thefirenote@gmail.com
Subject: General Counsel

Pursuant to Title 17, United States Code, Section 512(c)(3), if you believe that your work has been copied in a way that constitutes copyright infringement please promptly provide a written communication to the Copyright Agent the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) a description of the copyrighted work that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the Website;
(d) your address, telephone number and e-mail address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner’s behalf.

Disclaimer Of Warranties:
THE WEB SITE AND SERVICES ARE PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, THE FIRE NOTESPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEB SITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEB SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. KOTC DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

Limitation Of Liability:
IN NO EVENT WILL THE FIRE NOTE BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF THE FIRE NOTEOR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE FIRE NOTELIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification:
You agree to indemnify, defend and hold harmless The Fire Note, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

Governing Law:
Any claim relating to The Fire Note shall be governed by the laws of the State of Ohio without regard to its conflict of law provisions (Pending).

Please note that your use of the Website may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with The Fire Note or relating in any way to your use of the Website resides in the courts of the State of Ohio.

Severability:
If any portion of this Agreement is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of any other portion of this Agreement which shall remain in full force and affect.

Entire Agreement:
This Agreement, the Privacy Policy, and any rules for the Website established by The Fire Note constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all previous written or oral agreements between the parties with respect to that subject matter.

Headings:
The paragraph headings used herein are for convenience only and shall not be used to limit any portion of this Agreement.

Contacting Us:
If there are any questions regarding these terms and conditions you may contact us using the information: http://thefirenote.com and/or thefirenote@gmail.com

Fire Note Staff

Fire Note Staff

Online Music Magazine: Independent Music Reviews, Vinyl Spotlights, Music News, Videos, 7-inch record features + more!
Fire Note Staff
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Author: Fire Note Staff

Online Music Magazine: Independent Music Reviews, Vinyl Spotlights, Music News, Videos, 7-inch record features + more!

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