This Site and the materials within it are Copyright © 2004-07 Lehigh Valley Music Scene™ (hereafter, “LVMS”).

LVMS grants you permission to view this Site and to print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this agreement. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, products or services from this Site.

Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this Site, you represent and warrant to LVMS that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site. Other than this agreement and agreement(s) between you and LVMS relating to the sale of products or services to you through this Site, LVMS will not enter into any agreement with you or obligation to you through this Site and no attempt to create such an agreement or obligation will be effective.

The trademarks, service marks and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of LVMS and others. Nothing on this 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 prior written permission of the Trademark owner. LVMS aggressively enforces its intellectual property rights to the fullest extent of the law. The name of Lehigh Valley Music Scene™, LVMS logo or the other LVMS formatives may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission from LVMS. LVMS prohibits use of the LVMS logo as part of a link to or from any site unless establishment of such a link is approved in advance by LVMS, in writing. Fair use of LVMS's Trademark(s) requires proper acknowledgment. Other product and company names mentioned in this Site may be the Trademark(s) of their respective owners.

This Site contains links to Sites owned or operated by parties other than LVMS. Such links are provided for your reference only. LVMS does not control outside Sites and is not responsible for their content. LVMS's inclusion of links to an outside Site does not imply any endorsement of the material on the Site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does LVMS's inclusion of the links imply that LVMS is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked Site.  Opposition to links by the respective company to which LVMS is linking to, must be submitted to LVMS, in writing, after which time, LVMS will remove such link within a reasonable time period, not to exceed ten (10) days from the date of receipt by LVMS. LVMS, however, retains the right to use the opposing company’s text name for reference purposes.

THE INFORMATION AND MATERIALS IN THIS SITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINIONS OF LVMS OR ANY OF ITS AFFILIATES OR AGENTS. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP-TO-DATE. YOU MAY NOT ACT OR RELY ON ANY INFORMATION OR MATERIALS IN THIS SITE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME, WITHOUT NOTICE.

If you have any questions about this agreement, please email jfhc@rcn.com

Although LVMS will in most circumstances be able to receive your e-mail or other information provided through this Site (including, without limitation, service requests and other submissions), LVMS does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that Internet e-mail typically is not secure.

This Site resides on a server in Scottsdale, Arizona, USA. You agree that this agreement and your use of this Site are governed by the laws of the State of Arizona, USA. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Scottsdale, Arizona, USA in all disputes (a) arising out of, relating to, or concerning this Site and/or this agreement, (b) in which this Site and/or this agreement is an issue or a material fact, or (c) in which this Site and/or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. LVMS has endeavored to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, 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 govern such use.

With the prior agreement of LVMS, any claim, dispute or controversy arising out of, relating to or concerning this Site and/or this agreement shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association and any such arbitration proceedings shall be brought and held in Bethlehem, Pennsylvania, USA. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.

You agree that LVMS may at any time and without notice change the terms, conditions and notices under which this Site is offered.

You agree that no joint venture, partnership, employment or agency relationship exists between you and LVMS as a result of this agreement or your use of this Site.

LVMS's performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of LVMS's right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by LVMS with respect to such use.

This agreement, the privacy and security statement constitute the entire agreement between you and LVMS with respect to this site. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and LVMS with respect to this Site. No modification of this agreement shall be effective unless it is authored by LVMS or its affiliates, or unless it is physically signed in blue ink by a LVMS officer. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by LVMS in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by LVMS in printed form.

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All Rights Reserved.

 

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