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The Delicatefade.com site is © 1998-2009 Delicate Fade, Inc. All rights reserved.
Revised January 2009
Introduction
Delicate Fade, Inc. ("Delicate Fade") maintains www.Delicatefade.com and its related sites (collectively
the "Delicatefade.com site") for your personal information, entertainment, and enjoyment.
Please feel free to browse, download from, talk back to, and otherwise use the
site. At the same time, please remember that your access to the Delicatefade.com site is
subject to the following rules (the "Rules") as well as all applicable laws. By
accessing and using the Delicatefade.com site, you accept the Rules without limitation or
qualification, and acknowledge that any other agreements you may have with Delicatefade.com
are superseded by the Rules, to the extent any conflict exists.
Delicatefade.com may at any time revise these Rules by updating this posting. You are bound by such
revisions and should therefore visit this page to review the current Rules from time to time.
Delicatefade.com reserves the right, without notice and for any
reason, to remove any content on this site, and to deny access of any user or
users to all or any part of this site.
Downloading
Copyrights And Other Rights
Trademarks
Submissions
No Warranties
Links
U.S. And International Information
Really Legal Stuff
Automatic Renewal Program Agreement
Downloading
Unless otherwise specifically indicated, you may download material
displayed on the Delicatefade.com site for personal, non-commercial use only and you may not
distribute, modify, transmit, use, or reuse any of the contents of the Delicatefade.com site
for any public or commercial purpose without the written consent of Delicatefade.com or any
third party Delicatefade.com deems necessary. You must retain all copyright and other
proprietary notices on downloaded and/or copied material. Any copy of material
from the Delicatefade.com site you make and distribute for any purpose must also include these Rules.
Copyrights And Other Rights
You should assume that everything on the Delicatefade.com site is
copyrighted unless otherwise noted and that it must not be used except as
provided in the Rules or with the express written consent of Delicatefade.com or any third
party Delicatefade.com deems necessary. Delicatefade.com neither warrants or represents that your use of
the material displayed on the Delicatefade.com site will not infringe rights of third
parties. Any product, service, program, or technology described on the Delicatefade.com site
may be the subject of intellectual property rights (including but not limited to
copyright, trademark, or patent rights) owned by Delicatefade.com or a third party. Any such
right that is not expressly licensed herein is reserved by Delicatefade.com or the third
party that owns such right.
Images of people or places displayed on the Delicatefade.com site are either the property of,
or used with permission by, Delicatefade.com. Use of these images by you or other third parties is
prohibited unless expressly permitted in the Rules or elsewhere on the Delicatefade.com site.
Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and
publicity, and other applicable regulations and statutes.
Trademarks
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Delicatefade.com site are registered
and unregistered Trademarks of Delicate Fade, Inc. and others. Delicatefade.com®, and Bringing Music To One Place®, are registered Trademarks of
Delicate Fade, Inc. in the United States and other countries (trademark denotations on the Delicatefade.com
site indicate federal registrations in the United States). Nothing contained on
the Delicatefade.com site should be construed as granting by implication, estoppel, or
otherwise, any license or right to use any Trademark displayed on the Delicatefade.com site
without the written permission of Delicatefade.com or such third party that may own the
Trademark. Misuse of any Trademarks, or any other content, displayed on the Delicatefade.com
site is prohibited. Delicatefade.com aggressively enforces its intellectual property rights,
including via civil and criminal proceedings.
Submissions
Apart from your personal information (which is addressed in the Privacy
Policy), any communication or material you send to the Delicatefade.com site,
electronically or otherwise, including but not limited to data, questions,
comments, suggestions, or submissions is and will be treated as non-confidential
and non-proprietary. Anything you send to the Delicatefade.com site may be used by Delicatefade.com for
any purpose, including but not limited to, reproduction, transmission,
disclosure, publication, broadcast and posting. By submitting material to
Delicatefade.com.com, you irrevocably transfer and assign to Delicatefade.com, and forever waive and
agree never to assert, any copyrights, "moral" rights, or other rights that you
may have in such material. Delicatefade.com is free to use, without obligation of any kind,
any ideas, concepts, techniques, or know-how contained in any communication you
send to the Delicatefade.com site for any purpose whatsoever, including but not limited to
developing, manufacturing, and marketing products and services.
By using this site, you may submit, or Delicatefade.com may gather, certain limited information about
you and your usage of the site. Subject to the terms of the Privacy Policy,
Delicatefade.com is free to use such information for any purpose it deems appropiate.
No Warranties
There is no warranty that any information or service
provided or referenced by this site is either merchantable or accurate, that
such information or service will fulfill any of your particular purposes or
needs, or that such information or service does not infringe on any third party
rights. Except for any express warranties stated on this site, if any, the
information and services provided or referenced on this site are provided "as
is" and with all faults, and the entire risk as to satisfactory quality,
performance, accuracy and effort is with the user.
That means Delicatefade.com uses reasonable efforts to include accurate and up-to-date information on the Delicatefade.com
site, but Delicatefade.com makes no warranties or representations as to its accuracy. Delicatefade.com
may periodically add, change or improve any of the information, products,
services, programs and technology described on the Delicatefade.com site without notice.
Delicatefade.com assumes no liability or responsibility for any errors or omissions in the
content of the Delicatefade.com site.
Your use of the Delicatefade.com site is at your own risk.
Neither Delicatefade.com nor any other party involved in creating, producing, or delivering
the Delicatefade.com site is liable for any direct, indirect, incidental, consequential, or
punitive damages arising out of your access to, or use of, the Delicatefade.com site. For
example, Delicatefade.com assumes no responsibility for, and will not be liable for any
damages arising from any viruses that may affect your computer equipment or
other property resulting from your access to, use of, or downloading from, the
Delicatefade.com site. Please note that some jurisdictions may not allow the exclusion of
implied warranties, so some of the above exclusions may not apply to you.
Links
Delicatefade.com has not reviewed all
of the sites that are linked to the Delicatefade.com site, and the existence of such links
does not indicate any approval or endorsement of any material contained on any
linked site. Delicatefade.com is not responsible for the contents of any site linked to the
Delicatefade.com site; your connection to any such linked site is at your own risk.
U.S. And International Information
Most of the information on the Delicatefade.com site applies
internationally, but a significant amount of information applies only to certain
countries or regions. For instance, if you see the following indication in
connection with information on the Delicatefade.com site:
The information on this page applies to businesses in the U.S.
then that information applies only to businesses operating in the U.S. If you live outside of the U.S., the
fact that you access to such U.S.-specific information does not mean that such
information applies, or ever will apply to your country or region. Although Delicatefade.com
tries to mark all country- and region-specific information with this form of
indication, it does not warrant or represent that all information without this
indication applies internationally. You should check the applicability of any
information on the Delicatefade.com site to you or your organization.
Really Legal Stuff
The Rules will be governed by and construed under the laws of the State of Texas, excluding only its conflict
of law provisions. Each party that visits a Delicatefade.com site hereby submits to the
exclusive jurisdiction of the courts within the State of California, and waives
any jurisdictional, venue or inconvenient forum objections to such courts.
Any failure by Delicatefade.com to enforce any of its rights under the Rules or
applicable laws shall not constitute a waiver of such right. If any provision of
the Rules is found by a court of competent jurisdiction to be invalid, you,
Delicatefade.com, and the court shall endeavor to give effect to the intent reflected in
that provision, and the remaining Rules provisions shall retain their full force and effect.
United States and foreign export control laws regulate the
export and re-export of technology originating in the United States and such
foreign countries. You will abide by these laws and regulations as applicable
and will not transfer, directly or indirectly, by electronic transmission or
otherwise, any content or software from the Delicatefade.com site to or from any countries
or foreign nationals in violation of such laws or regulations.
Please note that Delicatefade.com sites are operated by Delicatefade.com International Service Association and
not the various financial institutions that issue Delicatefade.com cards. None of the terms
of any agreement between a Delicatefade.com cardholder and the financial institution that
issued his/her card has any effect on or relation to these Rules.
Automatic Renewal Program Agreement
Terms and Conditions
By accepting this Agreement you authorize Delicate Fade, Inc. to automatically renew your subscription
and bill you for the renewal using the credit/debit card or checking/savings account
provided on your subscription account when your subscription is about to expire.
Automatic Renewal Program Payment Failure
If your Automatic Renewal Program payment is declined, your
subscription will go inactive until a valid payment is made. REMEMBER: If your
Automatic Renewal Program fails, you will need to pay your subscription bill with
another payment method if you desire to have access to the Delicatefade.com database.
Cancellation of Automatic Renewal Program.
You have the right to withdraw your consent to the Automatic Renewal Progam at any time.
To cancel yourself from the Automatic Renewal Program please use this cancellation form.
Your request to cancel your account from the Automatic Renewal Program may take up to one billing cycle to take effect.
Notification of Successful Payment
Delicatefade.com will send you an email receipt confirming that your payment was successful and your account was renewed.
If the payment failed then your subscription will not be renewed and will go inactive until you provide a valid form of payment.
Please refer the recurring payment failure for more explanation. You are responsible for providing us with your new email address
if it changes. To make changes to your email address after you login, go to the Update Email
Address link on the "My Profile" page, and then type in the new email address and click submit.
Access to this Agreement
To access this Agreement in the future, go to the Delicatefade.com website and click on the "Legal"
link at the bottom of any page. On that page, the Automatic Renewal Program Agreement will be listed.
Authorization
This Agreement is not transferable and must be submitted electronically by the person authorized on the Delicatefade.com account.
When you check the "I Have Read And Accept the Automatic Renewal Plan agreement" during the sign up process you as a user of Delicatefade.com state that you have read and understand this
Automatic Renewal Program Agreement. In addition, by clicking I Accept, I authorize Delicate Fade, Inc. to charge the amount of my subscription plan to the specified credit/debit card or bank account; I authorize the
financial institution for the credit/debit card or bank account specified above
to charge or debit my account and remit payment for my subscription bill to Delicate Fade, Inc. This authority will remain in effect until I give
notification, as required under this Agreement, to terminate this authorization.
Please also read over the Delicatefade.com site Privacy Policy. If you
have any questions, comments, criticisms, or complaints about Delicatefade.com website, please
feel free to contact us. |
