2. COPYRIGHT AND LIMITATIONS ON USE The content displayed on the Web Site (“Content”) is the property of Vic Firth or its licensors, and is protected by copyright and other intellectual property laws. This Web Site and the Content may be used only for your personal and non-commercial use. You agree not to copy, reproduce, modify, display, perform, publish, translate, create derivative works based upon or store any Content from the Web Site. You also agree not to distribute, transmit, broadcast or circulate any Content from the Web Site to anyone, including but not limited to someone else in the same company or organization, without the express prior written consent of Vic Firth, with this one exception: You may, on an occasional and irregular basis, reproduce, distribute, display or transmit an insubstantial portion of Content, for a noncommercial purpose and without charge, to a limited number of individuals, provided you include all copyright and other proprietary rights notices with such portion of the Content in the same form in which the notices appear on the Web Site, the original source attribution, and the phrase “Used with permission from www.vicfirth.com a web site from Vic Firth, Inc.” However, you may not post any Content from the Web Site to forums, newsgroups, mail lists, electronic bulletin boards or other web sites, without the prior written consent of Vic Firth. To request consent for other matters, you may contact Vic Firth by visiting www.vicfirth.com.
The Web Site includes facts, views, opinions and recommendations of consultants, individuals and organizations deemed of interest. Vic Firth and its Content licensors do not guarantee or warrant the accuracy, completeness or timeliness of, or otherwise endorse, these views, opinions and recommendations.
3. DISCLAIMER OF WARRANTIES AND LIABILITY Due to the number of sources from which the Content is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such Content and the Web Site. THE CONTENT AND THE WEB SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. VIC FIRTH AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT MAKE ANY REPRESENTATION WITH RESPECT TO OR WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, TIMELINESS, NONINFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH THE WEB SITE, OR THE WEB SITE ITSELF, AND VIC FIRTH HEREBY DISCLAIMS ANY SUCH EXPRESS OR IMPLIED WARRANTIES. NEITHER VIC FIRTH NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY, OTHER THAN DEATH OR PERSONAL INJURY RESULTING DIRECTLY FROM USE OF THE WEB SITE, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE WEB SITE AND ANY CONTENT ON THE WEB SITE. IN NO EVENT WILL VIC FIRTH, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THE WEB SITE. VIC FIRTH AND ITS AFFILIATES, AGENTS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES), OTHER THAN DIRECT DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES OR THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES, PARTS OR ALL OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
4. LINKS TO THIRD PARTY SITES This Web Site contains hyperlinks to web sites operated by persons other than Vic Firth. Such hyperlinks are provided for your reference and convenience only. You agree not to hold Vic Firth responsible for the content or operation of such web sites. A hyperlink from this Web Site to another web site does not imply or mean that Vic Firth endorses the content on that web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other web sites to which you might link from this Web Site.
* You agree to post only messages that relate to the subject matter of the Forum.
* You agree not to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
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* You agree not to upload files, or cause users to upload files, that contain viruses, corrupted files or any other similar software or programs that may adversely affect the operation of another’s computer.
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By posting a message, uploading a file or engaging in any other form of communication through a Forum, you are granting Vic Firth a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, display, perform, sublicense, create derivative works based upon, transfer and sell any such messages, files or communications. You agree to indemnify and hold Vic Firth and its affiliates and their respective officers, directors and employees harmless from any claims, damages, losses or costs (including reasonable attorney’s fees) that arise out of any of your postings and any material contained therein.
1. US GOVERNMENT END USERS The software and documentation available on this web site are “commercial items,” as that term is defined in 48 C.F.R. 2.101 (October 1995), consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (September 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227-7202-1 through 227.7202-4 (June 1995), all U.S. government end users acquire the software and documentation with only those rights set forth herein.