Terms & Conditions

BMG MEDIA COMPANY WELCOMES YOU TO WWW.BMGMEDIACO.COM. WE ASK THAT YOU READ THE FOLLOWING TERMS AND CONDITIONS OF USE, WHICH CONSTITUTE A LICENSE THAT COVERS YOUR USE OF THIS SITE AND ANY TRANSACTIONS THAT YOU ENGAGE IN THROUGH THIS SITE (AGREEMENT). THE TERMS AND CONDITIONS MAY BE AMENDED, FROM TIME TO TIME, WITHOUT PRIOR NOTICE AND AT OUR SOLE DISCRETION. BY ACCESSING, VIEWING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THIS SITE.


The latest update of these Terms and Conditions was made on December 1, 2014. This website is operated by BMG Media Company, located in Farmington Hills, MI.

As used in these Terms and Conditions and any other relevant policies on this site: "You" and "Your" refers to you, the person who is accessing this website and reading these terms. "We", "Ourselves" and "Us", refers to BMG Media Co. and our subsidiaries, affiliates, and associates.

 

USE OF SITE


 This website is provided solely for the use of current and future customers of BMG Media Co. to provide you with information about our company, to permit you to place orders for our products and services, and to enable you to contact us with any questions or comments that you may have. Any other use of this site is prohibited. By way of example, you should not use any features of this site that permit communications or postings to post, transmit, display, or otherwise communicate

  1. any defamatory, threatening, obscene, harassing, or otherwise unlawful information;

  2. any advertisement, solicitation, spam, chain letter, or other similar type of information;

  3. any encouragement of illegal activity;

  4. unauthorized use or disclosure of private, personally identifiable information of others; or

  5. any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.


 

SITE CONTENTS AND OWNERSHIP


The information contained on this site, including all images, designs, photographs, writings, graphs, data, and other materials are the Intellectual Property of BMG Media Co., and are wholly owned, licensed, and protected by copyrights, trademarks, patents, trade secrets, or other proprietary rights. We own and/or are authorized to use all trademarks written or depicted on this site. We reserve all rights afforded to us by said ownership. You are not permitted to use this content outside the scope and intention of this website, unless expressly approved by us.

 

RESTRICTIONS ON USE

You are prohibited from creating or perpetrating any redistribution or republication of any part of this website. Such use includes, but is not limited to, copying sections or frames of the entire or parts of this website, or any other, without the express written consent from us. Furthermore, you are not entitled to reproduce, license, sell, distribute, modify or in any other way use the content on this website, whether for commercial purposes or not, without our express written consent.

 

USE OF INTERACTIVE SERVICES


This website may contain interactive services, including, but not limited to, discussion groups, bulletin boards, chat rooms and other social networks ("Interactive Services"), which, among other activities, may allow you to take part in discussions and post information such as text and images. You are solely responsible for any content that you provide within the scope of our Interactive Services. You are also aware that any use of our Interactive Services may result in third parties collecting and using any information that you post. At our own discretion, we will monitor, and if necessary, modify and/or delete any content which is posted in any Interactive Services. Any misuse of the Interactive Services may result in a restriction of your availability to use the Interactive Services. Depending on the severity of your misuse, we may also terminate your accessibility of the Interactive Services.

You guarantee that you have the sole right to all content that you post when using the Interactive Services and that it does not infringe any third party rights, such as but not limited to any intellectual property rights (including common law rights to copyright protected content) or privacy rights. By posting such content, you also give us the permission to use such content, and grant us a worldwide, unrestricted, assignable and royalty-free right to use such content in any way we choose.

 

USER ACCOUNT


 You may require a user account to access and/or use this site and its services. To protect your account, keep your password confidential. You are responsible for the activity that happens on or through your account. Best password maintenance practices strongly suggest that you not reuse your account password on third-party applications. If you learn of any unauthorized use of your password or account, contact the website administrator immediately.

 

HYPERLINK DISCLAIMERS


As a convenience to you, we may provide on this site links to websites operated by other entities (collectively the “Linked Sites”). If you use any Linked Sites, you will leave this site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by BMG Media Company. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by BMG Media Company. BMG Media Co. does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by BMG Media Company. Links do not imply that BMG Media Co. or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of BMG Media Co. or any of its affiliates or subsidiaries. Except for links to information authored by BMG Media Co., BMG Media Co. is neither responsible for nor will it be liable under any theory based on (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business on them, you do so at your own risk. BMG Media Co. reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the webmasters of any Linked Sites concerning any information, goods, and/or services appearing on their sites.

 

DISCLAIMER OF WARRANTY


You expressly agree that use of this website is at your sole risk. Neither BMG Media Co., its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Materials.

The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, BMG Media Co. does not warrant reliability of any statement or other information displayed or distributed through the site. BMG Media Co. reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. BMG Media Co. may make any other changes to this site, the Materials and the products, programs, services, or prices (if any) described in this site at any time without notice.

 

THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. BMG MEDIA CO. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BMG MEDIA CO. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THESE TERMS AND CONDITIONS.

As you’ve read and understand these terms, you agree that you are aware that any information contained on this website concerning products or websites, website models, and their design and content, is for informational purposes only. Products, websites, and content shown on this site are for general illustration only. Websites shown are typically sampled from other projects, with permission.

 

FORCE MAJEURE


We shall not be liable to you for any failure to perform any obligation under these Terms and Conditions or otherwise, due to an event beyond our control, including but not limited to any act of nature, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood, or any other natural or manmade eventuality outside of our control.

 

LIMITATION OF LIABILITIES


You agree that BMG Media Co. and its providers shall not be liable for any damage, loss, or expense of any kind arising out of or resulting from your possession or use of the materials, content, or information on this site regardless of whether such liability is based in tort, contract, or otherwise. In no event, including, without limitation, a negligent act, shall BMG Media Co. or any of its providers be liable to you for any direct, indirect, special, incidental, consequential, or punitive damages (including, without limitation, loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business), arising out of or in any way related to the materials, content, or information on this site or any other products, services, or information offered, sold, or displayed on this site, your use of, or inability to use, this site generally, or otherwise in connection with these Terms and Conditions, regardless of whether BMG Media Co. or any of its providers have been advised of the possibility of such damages. Because some states do not allow the limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

  

INDEMNIFICATION


You hereby indemnify, defend, and hold harmless BMG Media Co., its affiliates, agents, directors, employees, and licensors from and against any and all claims and expenses, including but not limited to, losses, damages, costs, or reasonable attorney fees, arising out of or related in any way to your use of this site and its services, violation of these Terms and Conditions, violation of any law or regulation, or violation of any proprietary or privacy right.

 

LIMITATIONS ON CLAIM


Any cause of action you may have with respect to your use of this site must be commenced within one year after the claim or cause of action arises.

 

TERM AND TERMINATION


Without limiting our other remedies, we may restrict, suspend, or terminate your and any user’s access to this website and related services at any time, at our sole discretion and without any prior notice, including the termination of services that are already under way.

 

PRIVACY POLICY


Click here to access our Privacy Policy governing the use of information that we obtain from you through your use of this website.

 

CONTROLLING LAW, JURISDICTION, AND INTERNATIONAL USERS


These Terms and Conditions, including the Privacy Policy and any other matter or agreement related to this site or the use of this site, are governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflict-of-law provisions. BMG Media Co. makes no representation that the materials are appropriate or available for use outside of the United States. Any legal proceedings arising out of or relating to these Terms and Conditions against or relating to us will be subject to the exclusive jurisdiction of the state or federal courts of Oakland County, Michigan, and you hereby irrevocably consent and submit to the personal jurisdiction of such courts.

 

ENTIRE AGREEMENT


These Terms and Conditions, including our Privacy Policy, constitute the entire agreement between BMG Media Co. and you with respect to this website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and BMG Media Co. with respect to this website. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions or portion of them to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

 

MODIFICATIONS TO AGREEMENT


We may revise these Terms and Conditions at any time and you agree to be bound by any such revisions. Any such modifications will become effective on the date they are first posted to this site. It is your responsibility to return to these Terms and Conditions from time to time to review the most current terms and conditions. We do not and will not assume any obligation to notify you of changes to these Terms and Conditions.

 

ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES


You agree to be bound by any affirmation, assent, or agreement you transmit through this website, including but not limited to any consent you give to receive communications from us solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable, and the legal equivalent of your handwritten signature.

 

 
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