Terms & Conditions for Use of the Ingram Entertainment Inc. Web Site

Web-Specific Notices on this Site

1. Copyrighted Information on our Site
2. Notice with Regard to Documents on this Site.
3. Disclaimers and Limitation on Liability
4. Links to Third Party Sites
5. Export Restrictions
6. References to Products and Services
7. User Input
8. Governing Law
9. Complete Agreement
10. Trademarks

The following terms and conditions govern your use of the website (the "Site") of Ingram Entertainment Inc., and any services contained therein.

1. Copyrighted Information. Please note that the pages on the Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Such additional notices and information, together with these terms and conditions, are hereinafter referred to as the "Terms and Conditions."

Unless otherwise noted, all information, text, articles, data, images, Documents (as defined below), or other materials (collectively hereinafter referred to as the "Materials") contained on any page within this Site are copyrighted by Ingram Entertainment Inc. or a third party (hereinafter collectively referred to as the "Copyright Holder"). Title to copyright in the Materials will at all times remain with the Copyright Holder. You may only use, download or copy the Materials contained in the Site in accordance with the Terms and Conditions. Any permitted copies of the Materials must retain the copyright notice, and any other proprietary notices contained in such Materials. Unless otherwise provided in the Terms and Conditions, you may not edit, modify or make use of the Materials without the express, prior written consent of Ingram Entertainment Inc. You may not use any content contained in the Materials in any manner that may give a false or misleading impression or statement as to Ingram Entertainment Inc., the Copyright Holder, or any third party referenced in the Materials. Nothing on this Site shall be construed as conferring any license under any Copyright Holder's intellectual property rights, whether by estoppel, implication or otherwise. By accessing, using and/or copying this document, or the document from which this statement is linked, you agree that you have read, understood and accept the terms and conditions contained herein.

INGRAM ENTERTAINMENT INC. MAY REVOKE ANY OF THE FOREGOING RIGHTS, AS WELL AS ANY ACCESS AND USE AUTHORIZATIONS GRANTED TO USERS OF THE SITE AT ANY TIME.

Except as specifically provided above, any reproduction, distribution, replication or retransmission of any information contained on this site without the prior written consent of Ingram Entertainment Inc. is strictly prohibited.

2. Notice With Regard to Documents on this Site. Permission to display, copy and/or download any papers, articles or other works of authorship on this Site (the "Documents") is hereby granted, provided that (a) the copyright notice for the Site set forth below and a statement that the Document is being reproduced under permission of the Copyright Holder appear, (b) use or reproduction of such Documents from this Site is for informational or personal use only, and (c) no modifications of any Documents are made. Any other use of the Documents is expressly prohibited.

3. Disclaimers and Limitation on Liability.

(A) DISCLAIMER OF WARRANTIES. THE CONTENTS OF THIS SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED "AS IS," AND INGRAM ENTERTAINMENT INC. MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS. INGRAM ENTERTAINMENT INC. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

(B) DISCLAIMER OF ACCURACY. Ingram Entertainment Inc. does not represent or warrant that the information accessible via this Site is accurate, complete or current. This Site could contain typographical errors or technical inaccuracies. Ingram Entertainment Inc. reserves the right to add to, change or delete its content or any part thereof without notice. Any price or availability information is subject to change without notice. Additionally, this Site may contain information provided by third parties, which includes, without limitation, the Documents. Ingram Entertainment Inc. makes no representation or warranty regarding the accuracy, truth, quality, suitability or reliability of such information. Ingram Entertainment Inc. is not responsible for any errors, omissions, or inaccuracies contained in any information provided by such third parties.

(C) LIMITATION ON LIABILITY. NEITHER INGRAM ENTERTAINMENT INC. NOR ANY OF ITS MEMBERS, DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY INFORMATION CONTAINED HEREIN, WHICH INCLUDES, WITHOUT LIMITATION, THE MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.

YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE AND WILL NOT MAKE ANY CLAIM AGAINST INGRAM ENTERTAINMENT INC. FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS.

(D) LIMITATION ON LIABILITY OF COPYRIGHT HOLDERS. COPYRIGHT HOLDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF ANY USE OF THE MATERIALS OR PERFORMANCE OR IMPLEMENTATION OF THE CONTENTS THEREOF.

4. Links to Third Party Sites. Any other web sites that are accessible via link on this Site are not under the control of Ingram Entertainment Inc. Ingram Entertainment Inc. is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to the information contained in such sites. Ingram Entertainment Inc. provides the linked sites to you only as a convenience and the inclusions of any such link on the Site does not imply Ingram Entertainment Inc.'s endorsement of the site, the organization operating such site, nor any products or services of that organization. Your linking to any off-site pages or other sites is entirely at your own risk.

5. Export Restrictions. You acknowledge and agree that the Materials are subject to the U.S. Export Administration Laws and Regulations. Diversion of such Materials contrary to U.S. law is prohibited. You agree that none of the Materials, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or reexported, directly or indirectly, to proscribed or embargoed countries or their nationals, unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or reexport as may be required.

6. References to Products or Services. Information published by Ingram Entertainment Inc. on the Site may contain references or cross references to Ingram Entertainment Inc. products or services that are not announced or available in your location. Such references do not imply that Ingram Entertainment Inc. intends to announce such products or services in your location. Please contact Customer Service for information regarding the products and services which may be available to you.

7. User Input. Unless otherwise provided in the Terms and Conditions, any communication, material or feedback with regard to contents on this Site transmitted by a user of this Site via electronic mail or otherwise, including any data, questions, or comments regarding the content of any Document or other information contained on the Site, such information shall be deemed to be non-confidential and Ingram Entertainment Inc. shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Further, the Ingram Entertainment Inc. shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, without limitation, publication on the Site, or other Ingram Entertainment Inc. publications, and developing, manufacturing, and marketing products using such information. Ingram Entertainment Inc. shall have no obligation to compensate the contributor of such information in any manner.

8. Governing Law. Any action related to the Terms and Conditions will be governed by Tennessee law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.

9. Complete Agreement. These Terms and Conditions represent the entire understanding relating to the use of the Site and prevail over any prior or contemporaneous, conflicting or additional, communications. Ingram Entertainment Inc. can revise the Terms and Conditions at any time without notice by updating this posting.

10. Trademarks. All products, company names or other marks appearing on this Site are the trademarks of their respective owners. Nothing contained in the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without prior written permission of Ingram Entertainment Inc. or other trademark owners.

Copyright © 2008 Ingram Entertainment Inc.

 

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