MatthewCook.com is offered to you, the user, ("you" or "User") conditioned solely upon your acceptance of all the provisions of this Agreement. By accessing and using the Site, you agree to abide by all the provisions of this Agreement.
Copyright & Trademark
This Site is operated by Arianna Recording, which is the owner of all right, title and interest in this Site and its contents, including without limitation, all copyrights, trademarks and service marks and all of the good will therein. The Site is for your personal, noncommercial use only, with no transfer of title. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell, or make any other use of any of the content obtained from the Site. You may not use any of the Site content on any other Web site or networked computer environment, or in any format or medium, whether now known or hereafter existing. You may not remove any copyright, trademark, service mark or other legal notice from any content downloaded from the Site.
Third Party Web Sites and Access
This Site may contain links and printers to Internet sites maintained by third parties. Arianna Recording does not operate or control in any respect, or necessarily endorse, the content found on such third-party sites. You assume sole responsibility for use of third party links and pointers.
You further acknowledge that all connections to, and transmissions through, the Internet, including your access to this Site, are subject to opportunities for access by third parties. As a result, by accessing the Site, you acknowledge that you have no legitimate expectation of privacy in such connections and/or transmissions, and Arianna Recordingshall not be responsible for any such third party access to such connections and/or transmissions.
Users posting materials on this Site are responsible for the content of that material. Arianna Recordinghas no responsibility for the content of any messages or information posted by users, or for the content of information of third parties on the Internet, even if accessed through Arianna Recording's pages. However, Arianna Recordingretains the right, which it may or may not exercise, in its sole discretion, to review, edit or delete any such posted third-party material which Arianna Recordingdeems to be illegal, offensive or otherwise inappropriate.
Modification Of This Agreement
Arianna Recording reserves the right to change this Agreement at any time by publishing a revised version of this Agreement on the Site. You are responsible for regularly reviewing this Agreement. Continued use of the Site following any such changes means you accept and will abide by these changes.
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. Arianna Recording DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. Arianna Recording DOES NOT WARRANT THAT THE SITE WILL BE OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES OR ERRORS IN THE MATERIALS, OR OTHER ERRORS OR DEFECTS. YOU USE THIS SITE AT YOUR OWN RISK.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL Arianna Recording BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL Arianna Recording TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
You agree to indemnify and hold harmless Arianna Recording, its suppliers, and any third parties assisting in the operation of the Site from any claims, liabilities, and expenses (including reasonable attorney's fees) that may arise from your use of the Site in any way or from your breach of the terms of this Agreement.
General Arianna Recordingreserves the right to make any and all changes to the Site at its sole discretion without notice to users. Arianna Recordingreserves the right to deny access to the Site to anyone at any time, and to terminate this Agreement at any time without notice in its sole discretion.
This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in the Site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.
This Agreement is governed by the laws of the State of California, in the United States of America, without regard to conflicts of law provisions. You consent to the exclusive jurisdiction and venue of courts of California, in the United States of America, in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
If any provision of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
This Agreement constitutes the entire agreement between you and Arianna Recording with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Arianna Recording with respect to the Site. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.