Ozzie Concerts Term of Use
Ownership
All of the content of
this website (which includes without limitation all graphics, text, images,
photographs, illustrations, and the design, selection and arrangement
thereof) is protected by copyright and/or trademark and/or other proprietary
intellectual property rights owned by or licensed to "OZZIE CONCERTS".
Limited License; Restrictions
You are granted a
limited license to download the materials contained on this website to a
single personal computer, and to print a hard copy of the materials
contained on this website, solely for your personal, non-commercial use, and
provided all copyright, trade mark and other proprietary notices are left
intact. In all cases, "OZZIE CONCERTS" must be acknowledged as the source of
the material. Use of the materials contained on this website on any other
Internet site is strictly prohibited. The grant of this limited license is
conditional upon your agreement to and full compliance with these terms of
use. Any other use of any of the materials on this website including
reproduction (for any purposes other than those noted above), modification,
distribution, or republication, without the prior written permission of
"OZZIE CONCERTS" is strictly prohibited, and is a violation of "OZZIE
CONCERTS" proprietary rights. If you download any software from this
website, the software, including any images or files incorporated in or
generated by the software, and data accompanying the software (collectively,
the "Software") are subject to the limited license set out above. "OZZIE
CONCERTS" and/or its suppliers (as the case may be) retain all right, title,
interest and intellectual property rights in and to the Software. You may
not distribute, sell, or transmit the Software and you are not permitted to
alter, modify or adapt the Software, including but not limited to
translating, decompiling, reverse engineering, disassembling, or creating
derivative works of it.
Disclaimer
THIS WEBSITE AND ITS
CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED. "OZZIE CONCERTS" DISCLAIMS ALL REPRESENTATIONS
AND WARRANTIES, INCLUDING BY WAY OF EXAMPLE BUT NOT LIMITATION, AS TO
FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAWS. IN ADDITION, "OZZIE CONCERTS" DOES NOT REPRESENT OR WARRANT
THAT THE INFORMATION AND/OR FACILITIES ON OR ACCESSIBLE VIA THIS WEBSITE ARE
ACCURATE, COMPLETE OR CURRENT, OR THAT THIS WEBSITE WILL BE FREE OF DEFECTS,
INCLUDING, BUT NOT LIMITED TO, VIRUSES OR OTHER HARMFUL ELEMENTS. THE USER
OF THIS WEBSITE ASSUMES ALL COSTS ARISING AS A RESULT OF THE USE OF THIS
WEBSITE.
While we try to
provide accurate information on this website, we explicitly disclaim any
responsibility for the accuracy, content, or availability of information
found on this website or sites that link to or from the "OZZIE CONCERTS"
website. We cannot ensure that you will be satisfied with any products or
services that you purchase from a third-party site that links to or from the
"OZZIE CONCERTS" website or third-party content on our sites. We do not
endorse any of the merchandise, nor have we taken any steps to confirm the
accuracy or reliability of, any of the information contained in such
third-party sites or content. We do not make any representations or
warranties as to the security of any information (including, without
limitation, credit card and other personal information) you might be
requested to give any third-party, and you hereby irrevocably waive any
claim against us with respect to such sites and third-party content. We
strongly encourage you to make whatever investigation you feel necessary or
appropriate before proceeding with any online or offline transaction with
any of these third parties. Please let us know if you discover any
inaccuracy in our website content.
Limitation of Liability
TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAWS, NEITHER "OZZIE CONCERTS", NOR ANY OF THEIR
RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, PARENTS, OWNERS, MEMBERS,
EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES (COLLECTIVEY, THE "RELEASEES")
WILL BE LIABLE FOR ANY LOSS OR DAMAGES (WHETHER DIRECT OR INDIRECT AND
WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE) ARISING OUT OF OR IN CONNECTION
WITH THE USE OF, OR INABILITY TO USE, THE MATERIALS IN AND/OR FACILITIES OR
SERVICES OFFERED THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO,
INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, INCOME,
PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD
PARTIES (EVEN IF "OZZIE CONCERTS" HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE).
IF THIS CLAUSE IS UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE
TO RELEVANT LAWS, THEN IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF THE
RELEASEES FOR ALL DAMAGES, LOSSES, AND CLAIMS (WHETHER IN CONTRACT, TORT
(INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT
PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE. NOTHING IN THIS CLAUSE
SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING
FROM NEGLIGENCE.
Indemnification
You agree to defend,
indemnify and hold harmless the Releasees from and against all liabilities,
claims, damages, costs and expenses, including attorneys' fees arising out
of: your use of the website; any material you post, upload, e-mail or
otherwise transmit to or using this website; or your violation, breach or
alleged violation or breach of these Terms of Use.
Links/Framing
This website may
contain links to other Internet sites. We provide such links for your
convenience only, and we are not responsible for the content in any site
linked to or from this website. We disclaim all warranties, express or
implied as to the accuracy, legality, reliability or validity of any content
on any other such site, and that such sites will be free of viruses or other
harmful elements. You may establish a hypertext link to this website so long
as the link does not state or imply any sponsorship of your website by us.
However, you may not, without our prior written permission, frame or inline
link any of the content of this website, or incorporate into another website
or other service any of our material, content or intellectual property.
Termination
These terms are
effective until terminated by either party. You may terminate these terms at
any time by discontinuing use of the "OZZIE CONCERTS" website and destroying
all materials obtained from any and all such sites and all related
documentation and all copies and installations thereof, whether made under
these terms or otherwise. Your access to the "OZZIE CONCERTS" website may be
terminated immediately without notice from us if in our sole discretion you
fail to comply with any term or provision of these terms. Upon termination,
you must cease use of the "OZZIE CONCERTS" website and destroy all materials
obtained from such site and all copies thereof, whether made under these
terms or otherwise.
General Provisions
These terms shall be
governed by and construed in accordance with the laws of the State of
Hawaii, without giving effect to any principles of conflicts of law. You
agree that any action at law or in equity arising out of or relating to
these terms shall be filed only in the state or federal courts located in
Maui County, Hawaii, and you hereby consent and submit to the personal
jurisdiction of such courts for the purposes of litigating any such action.
If any provision of these terms shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from these
terms and shall not affect the validity and enforceability of any remaining
provisions. This is the entire agreement between us relating to the subject
matter herein and shall not be modified except in writing, signed by both
parties.
Amending the Terms and Conditions of Use
We may add to, change
or remove any part of these Terms of Use at any time, without notice. Any
changes to these Terms of Use or any terms shown on this website apply as
soon as they are shown. By continuing to use this website after any changes
are posted, you are indicating your acceptance of those changes. It is
therefore your responsibility to check these Terms of Use each time you use
this website, so that you can take note of any amendments we may make. We
may add, change, discontinue, remove or suspend any other content displayed
on this website, including features and specifications of products and
services described or depicted on the website, temporarily or permanently,
at any time, without notice and without liability.
Governing Law
Those who choose to
access this website do so at their own risk and on their own initiative and
are responsible for compliance with all applicable local laws. These terms
shall be governed by and construed in accordance with the Hawaii State Laws.
Any dispute under these terms shall be subject to the exclusive jurisdiction
of the courts of Hawaii (subject to appeal) and, by using this website, you
hereby submit to the jurisdiction of such courts for such purposes and waive
any and all objections as to jurisdiction or venue in such courts.
Miscellaneous
Any waiver of any
provision of these terms must be in writing signed by "OZZIE CONCERTS" to be
valid. A waiver of any provision hereunder shall not operate as a waiver of
any other provision, or a continuing waiver of the same provision in the
future. If any court of competent jurisdiction finds any provision of these
terms to be void or unenforceable for any reason then such provision shall
be ineffective to the extent of the court's finding without affecting the
validity and enforceability of any remaining provisions. These terms
represent the entire understanding and agreement between the parties
relating to the subject matter herein and supersede any and all prior
statements, understandings or agreements whether oral or written, and shall
not be modified except in writing, signed by you and "OZZIE CONCERTS".
Information
for International Users. This website is operated from the United
States, and should not be accessed from any location where it would violate
local laws to do so. Recognizing the global nature of the Internet, you
agree to comply with all local rules regarding online conduct. Specifically,
you agree to comply with all applicable laws regarding the transmission of
data exported from the United States or the country in which you reside.