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   BestLyrics' Terms and Conditions of Use Updated
10.24.2002

Before using this website, please read this agreement relating to your use of this site carefully.

1. ACCEPTANCE OF TERMS

By using this website, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use the site.

BestLyrics provides the information and services on this website to you, the user, conditioned upon your acceptance, without modification, of the terms and conditions contained herein. Your use of this website constitutes your agreement with such terms and conditions.

We reserve the right, at our discretion, to change, modify, add or remove portions of these terms periodically. Such modifications shall be effective immediately upon posting of the modified agreement to the website. Your continued use of the BestLyrics' website following the posting of changes to these terms and conditions will mean that you accept those changes.

In addition, each user's use of particular Services may be subject to specific guidelines or rules ("Service-specific Rules") posted from time to time and incorporated by this reference into the Terms and Conditions of Use ("Terms"). Use of BestLyrics and/or its Services constitutes full acceptance of and agreement to the Terms; if a user does not accept our Terms, he or she is not granted rights to use BestLyrics or any of its Services, as defined herein, and should refrain from accessing BestLyrics and its Services.

To update the Terms or any Service-specific Rules, we will both post the changed version and its effective date at http://kickme.to/BestLyrics/tos.php. If we change any Service-specific Rules, we will post the changed version on the location where those Service-specific Rules normally appear, reference the change on the primary page for that Service and include a link to the previous version of the rules.

BestLyrics reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, BestLyrics or any Service thereon (or any part thereof). BestLyrics shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.

2. NO UNLAWFUL OR PROHIBITED USE

By using the BestLyrics' website, you warrant to BestLyrics that you will not use this website, or any of the content obtained from this website, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the BestLyrics website automatically terminates.

3. DESCRIPTION OF SERVICE; NO WEB ACCESS

BestLyrics is a website owned and operated by Kronuz, for the purpose of providing information about BestLyrics Plugin (the "Purpose"). BestLyrics currently offers its users access to BestLyrics Plugin, a collection of on-line resources, language modules for the plugin, searching scripts, online help about the use of BestLyrics' Plugin, online forums (collectively, the "Services"). To use the Services, each user must independently obtain access to the World Wide Web, either directly or through devices that access Web-based content, and pay any and all service fees or equipment costs associated with such access.

4. REGISTRATION OBLIGATIONS

If required by BestLyrics, each user must: (a) provide true, accurate, current and complete information on the Service's registration form (collectively, the "Registration Data") and (b) maintain and promptly update the Registration Data as necessary. If, after investigation, we have reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, we may suspend or terminate that user's account and prohibit any and all current or future use of the Services (or any portion thereof) by that user other than as expressly provided herein.

Each user may receive a password and account designation upon completing the Service's registration process and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder. BestLyrics cannot and will not be liable for any loss or damage arising from a user's failure to comply with this Section, including any loss or damage arising from any user's failure to (a) immediately notify BestLyrics of any unauthorized use of his or her password or account or any other breach of security and (b) ensure that he or she exits from his or her account at the end of each session.

BestLyrics handles user Registration Data in accordance with the BestLyrics' Privacy Statement accessible at http://kickme.to/BestLyrics/privacy.php.

5. CONTENT

All information, data, text, software, scripts, modules, music, sound, photographs, graphics, video, messages or any other materials whatsoever (collectively, "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that the user, and not BestLyrics, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via BestLyrics' web site or any Service. No user shall transmit Content or otherwise conduct or participate in any activities on BestLyrics and/or any Service which, in the judgment of BestLyrics, is likely to be prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscenity or the permissible uses of intellectual property.

BestLyrics will not pre-screen or review Content, but BestLyrics reserves the right to refuse or delete any Content of which it becomes aware that it reasonably deems not to fulfill the Purpose. In addition, BestLyrics shall have the right (but not the obligation) in its sole discretion to refuse or delete any content that it reasonably considers to violate the Terms or be otherwise illegal. BestLyrics, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by us to protect the rights, property or personal safety of BestLyrics, its users and the public. BestLyrics does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will BestLyrics be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in 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 transmitted via BestLyrics' web site or any Service thereon.

Each user, by using BestLyrics' web site or any Service, may be exposed to Content that is offensive, indecent or objectionable. Each user must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

6. LICENSING AND OTHER TERMS APPLYING TO CODE AND OTHER CONTENT POSTED ON BESTLYRICS:

Use, reproduction, modification, and other intellectual property rights to data stored in the web site as a file release and posted by any user on BestLyrics' web site as a complement for BestLyrics' Plugin ("Scripts and Modules") shall be subject to the license applicable to such Scripts and Modules.

With respect to text or data entered into and stored by publicly-accessible site features such as message boards and bug trackers ("BestLyrics Public Content"), the submitting user retains ownership of such BestLyrics Public Content. In each such case, the submitting user grants BestLyrics the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, all subject to the terms of any applicable approved license.

7. NO RESALE OF SERVICE

You agree not to sell, resell or offer for any commercial purposes, any portion of the Services, use of the Services or access to the Services.

8. GENERAL PRACTICES REGARDING USE AND STORAGE

BestLyrics may establish general practices and limits concerning use of the Services, as defined by posted Service-specific Rules. While BestLyrics will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, BestLyrics has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by any Service. BestLyrics reserves the right to mark as "inactive" and archive accounts that are inactive for an extended period of time. BestLyrics reserves the right to change these general practices and Service-specific Rules at any time, in its sole discretion, with notice to users and the public as described in Section 1 above.

9. TERMINATION

We may terminate a user’s account in our absolute discretion and for any reason. We are especially likely to terminate for reasons that include, but are not limited to, the following: 1.) violation of these Terms; 2.) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; 3.) use of Service in a manner inconsistent with the Purpose; 4.) a user's request for such termination; and 5.) requirement of applicable law, regulation, court or governing agency order.

BestLyrics' termination of any user's access to BestLyrics'web site or any Service hereunder may be effected without notice and, on such termination, BestLyrics may immediately deactivate or delete user's account and/or bar any further access to such files, that Service or BestLyrics' website. BestLyrics shall not be liable to any user or other third party for any termination of that user's access or account hereunder.

10. LINKS

BestLyrics, any Service or a third party may provide links to other websites. BestLyrics exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. BestLyrics shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk.

This website’s privacy statement is applicable only when you are on our website. Once you choose to link to another website, you should read that website’s privacy statement before disclosing any personal information.

11. INDEMNITY; DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Each user shall indemnify, defend and hold harmless Kronuz, its subsidiaries and affiliates and their respective officers, employees and agents, and each of Kronuz's website partners from any and all claims, demands, damages, costs and liabilities, including reasonable attorneys' fees, made by any third party due to or arising out of that user's acts or omissions, including claims arising out of that user's use of BestLyrics; his or her submission, posting or transmission of Content or his or her violation of the Terms.

EACH USER'S USE OF THE SERVICE IS AT HIS OR HER SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND KRONUZ ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. KRONUZ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, KRONUZ MAKES NO WARRANTY THAT (i) BESTLYRICS OR ANY SERVICE WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. EXCLUDING ONLY DAMAGES ARISING OUT OF KRONUZ'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, KRONUZ SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KRONUZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER'S USE OR INABILITY TO USE THE SERVICE; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR ANY OTHER MATTER RELATING TO BESTLYRICS OR ANY SERVICE. IN NO EVENT SHALL KRONUZ'S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED $100.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN KRONUZ AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, KRONUZ DOES NOT AND CANNOT CONTROL THE ACTIONS OF BESTLYRICS' USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO BESTLYRICS OR ANY SERVICES. OPERATION OF THE WEBSITE MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE 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 ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY KRONUZ.

12. TRADEMARK INFORMATION

BestLyrics, the BestLyrics logo and other BestLyrics trademarks, service marks, and product and service names are trademarks of Kronuz (the "BestLyrics Marks"). All other names and designs may be trademarks of their respective owners. Users may display or use the BestLyrics Marks only in accordance with Kronuz's Trademark Use Guidelines.

13. COPYRIGHTS

BestLyrics respects the intellectual property rights of others, and requires that the people who use the BestLyrics' website do the same. It is our policy to respond promptly to claims of intellectual property misuse.

If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing Kronuz with the following information in writing:

  1. the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
  2. identification of the copyrighted work that you claim has been infringed;
  3. identification of the material that is claimed to be infringing and information reasonably sufficient to permit BestLyrics to locate the material;
  4. your name, address, telephone number, and email address.
  5. 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;
  6. a statement, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

If BestLyrics receives such a claim, BestLyrics reserves the right to refuse or delete Content as described under Section 5 hereto, or to terminate a user's account in accordance with Section 9.

Kronuz can be contacted at:
email

After receiving a claim of infringement, BestLyrics will process and investigate notices of alleged infringement and will take appropriate actions under the applicable intellectual property laws. Upon receipt of notices complying, BestLyrics will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. BestLyrics will take reasonable steps promptly to notify the subscriber that it has removed or disabled access to such material.

14. GENERAL INFORMATION

The Terms constitute the entire agreement between each user and Kronuz and govern each user's use of the Service, superseding any prior agreements. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software.

15. VIOLATIONS OF TERMS

Please report any violations of the Terms to the BestLyrics Support Manager at:
email.

BestLyrics and BestLyrics' logos are trademarks of Kronuz. All other trademarks and copyrights on this page are property of their respective owners. For information about other Content of this page, please see the Terms of Conditions of Use governing usage of this site at http://kickme.to/BestLyrics/tos.php. For BestLyrics privacy policy information, please see http://kickme.to/BestLyrics/privacy.php. Content owned by Kronuz. © Copyright 2001-2002 Kronuz. All rights reserved.

This document was last modified on October 24, 2002.


 
 
 
 

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Copyright © 2001-2005 - BestLyrics™ by Germán Méndez Bravo, All rights reserved.

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