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INDEMNIFICATION  

You agree to indemnify, defend, and hold harmless ALBE MUSIC and its affiliated companies, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms and Conditions. ALBE MUSIC reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.
 
LITIGATION ISSUES  

This Agreement is entered into in the State of Massachusetts (US)/in the country of Austria-EU (Outside US) and shall be governed by, and construed in accordance with, the laws of the State of Massachusetts (US)/in the country of Austria (Outside US), exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts sitting in the State of Massachusetts/in the country of Austria-EU (Outside US), and waives any jurisdictional, venue, or inconvenient forum objections to such courts. Each party to this Agreement further agrees as follows: (i) any claim brought to enforce this Agreement must be commenced within two (2) years of the cause of action accruing; (ii) no recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees; (iii) any claim must be brought individually and not consolidated as part of a group or class action complaint.
 
MISCELLANEOUS 

In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
 
This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto with respect to the subject matter of this Agreement are expressly canceled. ALBE MUSIC may modify the terms of this Agreement by posting notice of such modification on the page of this website entitled "Legal Notices" or "Legal Information" (or similar title) before the modification takes effect.
 
DESIGNATED AGENT UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT
 
The Digital Millennium Copyright Act (DMCA) provides a mechanism for notifying service providers of claims of unauthorized use of copyrighted materials. Under the DMCA, a claim must be sent to the service provider's Designated Office. If you believe in good faith that ALBE MUSIC should be notified of a possible online copyright infringement involving any ALBE MUSIC website, please notify ALBE MUSIC's designated office: USA Office: PO Box 902, Merrimack, NH 03054, USA - WORLDWIDE Office: Stelzhamerstrasse 4, 4840 Voecklabruck, AUSTRIA.
 
Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth in the DMCA. You are encouraged to review them (see 17 U.S.C. Sec. 512(c)(3)) before sending your notice of claim.

INFORMATION SHARING AND DISCLOSURE

GENERAL

We do not collect personally identifiable information about you on this site without your knowledge, and all such information is collected directly from you. For example, we may ask you to provide your e-mail address, name, mailing address, cell phone number and carrier service provider or other information about yourself in order to participate in chat room, or on bulletin board, to be added to the list to receive e-mail or newsletter updates. You are not required to provide us with this information, but if you choose not to, you may not be able to participate in some of the activities on this site.
We use the information we collect from you to allow you to participate in the site activities for which the information is collected. For example, when you give us your e-mail address in order to receive updates, that address is added to the e-mail list. On each e-mail you receive, you are given the opportunity to unsubscribe; once you unsubscribe, you will no longer receive such e-mails.


 
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Wednesday, 20 August 2008