Both Sides Now's On-Line Terms Of Use




Welcome to the Both Sides Now web site ("the Site"). This is for maintained for your personal entertainment, information, education, and communication. Please feel free to browse the Site.

Your access to and use of the Site is also subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Site.

Terms and Conditions

1. You should assume that everything you see or read on the Site is copyrighted unless otherwise noted, and may not be used except as provided in these Terms and Conditions without the written permission of Both Sides Now. Both Sides Now neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties. The discographies posted herein are original research and are specifically copyrighted by Mike Callahan. You may download material displayed on the Site, including discographies, for non-commercial, personal use only, provided you also retain all copyright notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video without Both Sides Now's written permission. For the purpose of these terms and conditions, e- mail is considered "written".

2. While Both Sides Now uses reasonable efforts to include accurate and up to date information in the Site, we make no warranties or representations as to its accuracy. Both Sides Now assumes no liability or responsibility for any errors or omissions in the content of the Site.

3. Your use of and browsing in the Site are at your own risk. Neither Both Sides Now nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you "as is" without warranty of any kind, either expressed or Implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Both Sides Now also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.

4. While we are always happy to hear from you, any communication or material you transmit to the Site by electronic mail or otherwise will be treated as non-confidential and non-proprietary unless you specifically request that it not be used in Both Sides Now publications. Anything you transmit or post may be used by Both Sides Now for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Both Sides Now is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, publishing, and marketing products using such information.

5. Both Sides Now has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.

6. Although Both Sides Now may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, Both Sides Now is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Both Sides Now will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials.

7. Both Sides Now respects the privacy concerns of the users of its Sites. As a general policy, no personal information is automatically collected from users of its Sites. However, certain non-personal information is recorded by the standard operation of Both Sides Now's Internet servers. Information, such as the type of browser being used, its operating system, and your domain name is gathered when material is posted to the chat board and can and will be used to identify posters who violate Term 6, above. Posters who violate Term 6, above can and have been temporarily or permanently barred from participation on the chat board. Other uses of this information include internal review of the number of users to the Sites, but only in an aggregate and non-personally-identifiable form. This data has not been, and will not be, provided to other parties for marketing, advertising or other uses. We do not sell, exchange, or make available any types of mailing lists from our customer data base, and never have done so. In rare situations, when we get a request to contact a certain individual, we may at our discretion provide the requester with an e-mail address or forward the request to that individual, provided we deem the request legitimate. We make no promises to forward e-mail to anyone, however, and will ignore most such requests.

8. For Parents: Both Sides Now believes that parents should supervise their children's online activities and consider using parental control tools available from online services and software manufacturers that may help provide a child-friendly online environment. We make every effort to provide a Site that is suitable for all viewers of any age. Because of the extensive discographical information available, there may be occasional offensive titles of songs or albums listed. The Chat Board section of this Site is a bulletin board where outside parties can post unsupervised and unfiltered messages. Whereas the rules of the Chat Board prohibit offensive material being posted, and in general the posters abide by these rules, there may occasionally be offensive material posted on the Chat Board. Offensive material on the Chat Board is subject to edit or deletion and the poster subject to a temporary or permanent ban from posting further messages. Parents should specifically read Term 6, above.

9. Both Sides Now is not a search service, and we cannot provide you with copies of records or CDs listed in our discographies. We have listed several suggestions about searching for out of print items in the Frequently Asked Questions page. We cannot, however, take the time to personally instruct you on how to conduct an internet search for items you want or find the stores in your neighborhood that might stock such items. Due to the large volume of e-mail traffic we receive, we cannot always guarantee timely responses to your e-mail questions. We will try to answer questions in a timely manner provided they do not require research on our part.

10. You agree to indemnify, defend and hold Both Sides Now, and its owners, agents, and information providers (collectively, the "Indemnified Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by any Indemnified Party in connection with any breach by you of these Terms and Conditions. Both Sides Now reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Both Sides Now's defense of such claim.

11. The Site is controlled and operated by Both Sides Now, a sole proprietorship of Mike Callahan, from its offices within the State of Texas, United States of America. Both Sides Now makes no representation that materials in the Sits are appropriate or available for use in other locations and other countries. Those who choose to access the 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.

12. This agreement shall be governed by, construed and enforced in accordance with the laws of the State of Texas, as it is applied to agreements entered into and to be performed entirely within said State. Any action you, any third party or Both Sides Now/Mike Callahan bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the state or Federal Courts located in Williamson County, Texas, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Mike Callahan.

13. Both Sides Now may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound.



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