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Legal:
Terms of Service & Privacy Policy
Thank you for
visiting Gelb Music. The Gelb Music website www.gelbmusic.com
has been made available to you subject to your compliance
with the terms and conditions set forth below (the "Conditions
of Use"). Please read this document carefully before
accessing or using the Gelb Music / www.gelbmusic.com
website. By accessing or using this website, you are
agreeing to be bound by the Conditions of Use. If you
do not wish to be bound by the Conditions of Use, you
may not access or use the website.
Modification
of these Conditions of Use
Gelb Music reserves
the right to change the terms, conditions, and notices
at any time, and such modifications shall be effective
immediately upon posting of such changes. You are therefore
responsible for regularly reviewing these Conditions
of Use and additional terms or notices posted on the
Gelb Music website. Your continued access of this website
shall be deemed your conclusive acceptance of the modified
agreement.
Privacy
Please review
our Privacy Policy, which also governs your visit to
www.gelbmusic.com, to understand our practices regarding
the use and disclosure of your personal information.
Electronic Communications
When you visit
or send e-mails to us, you are communicating with us
electronically, and thereby you are consenting to receive
communications from us electronically or by other means
available. We will communicate with you electronically,
by telephone or by facsimile. It is further understood
that all agreements, notices, disclosures and other
communications that we provide to you electronically
satisfy any legal requirement that such communication
be in writing.
Copyright and
Licenses
The entire contents
of this website, including but not limited to: text,
graphics, logos, button icons, flash movies, images,
audio clips, digital downloads, data compilations, and
software, are the property of Gelb Music, its content
suppliers or it's clients and are protected by Domestic
and International copyright and trademark laws. You
may not modify, copy, reproduce, republish, upload,
post, transmit, or distribute any portion of the website
contents without the prior express written consent of
Gelb Music.
You may print
or download portions of the materials from various areas
of this website solely for your own non-commercial use
provided that you agree not to change or delete any
copyright or proprietary notices from the materials.
If you believe any content appearing on our website
constitutes a copyright infringement of another parties
rights, please contact us immediately.
License and
Website Access
Gelb Music grants
you limited license to access and make personal use
of this website and not to download (other than for
page caching purposes) or modify it, or any portion
of it, except with the express written consent of Gelb
Music. This website or any portion of this website may
not be reproduced, duplicated, adapted, copied, sold,
resold, transmitted or otherwise exploited for any commercial
purpose without the express written consent of Gelb
Music. You may not frame, or use any framing techniques
to enclose any trademark, logo, or other proprietary
information (including images, text, flash movie, page
layout, or form) of www.bayareasolutions.com without
the express written consent of Gelb Music. You may not
use META tags or any other "hidden text" which
utilize ww.gelbmusic.com, or any other derivative of
our domain(s) or company name without the express written
consent of Gelb Music. You are hereby granted a limited,
revocable, and nonexclusive right to create a hyperlink
to the home page of Gelb Music so long as the link does
not portray any false, misleading, derogatory, or otherwise
offensive matter.
It is further
understood and agreed that Gelb Music cannot and does
not guarantee or warrant that files made available for
downloading through the www.gelbmusic.com website will
be free of infection or viruses, worms, Trojan horses
or other code that manifests contaminating or destructive
properties. It is your responsibility for implementing
sufficient safeguards and procedures to ensure that
any files obtained through Gelb Music are free from
such contaminations.
Disclaimer of
Warranty/Limitation of Liability
THIS WEBSITE
AND RELATED INFORMATION IS PROVIDED BY Gelb Music ON
AN "AS IS" AND "AS AVAILABLE" BASIS.
Gelb Music MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION
OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS,
OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY
AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE
RISK.
TO THE FULL
EXTENT PERMISSIBLE BY APPLICABLE LAW, GELB MUSIC DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. Gelb Music DOES NOT
WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT
FROM WWW.GELBMUSIC.COM ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. Gelb Music WILL NOT BE LIABLE FOR
ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS
SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
GELB MUSIC USES
REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE
INFORMATION ON THIS WEBSITE. GELB MUSIC ASSUMES NO LIABILITY
OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS
OR OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT
THAT A PRODUCT IS LISTED AT AN INCORRECT PRICE OR WITH
OTHER INCORRECT INFORMATION, GELB MUSIC HAVE THE RIGHT
TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT
LISTED INCORRECTLY. IF A PRODUCT OFFERED BY Gelb Music
IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT
TO Gelb Music FOR A REFUND. ALL POSTAGE REQUIRED TO
RETURN A PRODUCT WILL BE AT THE BUYER'S EXPENSE.
CERTAIN STATE
LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF
THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,
EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND
YOU MAY HAVE ADDITIONAL RIGHTS.
Third Party
Links
Linked website's
are not under the control of Gelb Music is not responsible
for the contents of any linked site or any link contained
in a linked site. www.gelbmusic.com provides links to
you only as a convenience, and the inclusion of any
link does not imply or constitute an endorsement by
Gelb Music of the site.
Applicable Law
By visiting
the www.gelbmusic.com website, you agree that the laws
of the state of California, without regard to principals
of conflict of laws, will govern these Conditions of
Use and any dispute of any sort that might arise between
you and Gelb Music.
Disputes
Any dispute
relating in any way to your visit or access of the Gelb
Music website or to the products or services you purchase
through the Gelb Music website shall be submitted to
binding arbitration in San Mateo County, California,
except that, to the extent you have in any manner violated
or threatened to violate Gelb Music intellectual property
rights, Gelb Music may seek injunctive or other appropriate
relief in any state or federal court in the state of
California, and you consent to exclusive jurisdiction
and venue in such courts. Arbitration under these Conditions
of Use shall be conducted under the rules then prevailing
of the American Arbitration Association. The arbitrator's
award shall be binding and may be entered as a judgment
in any court of competent jurisdiction. To the fullest
extent permitted by applicable law, no arbitration under
these Conditions of Use shall be joined to an arbitration
involving any other party subject to these Conditions
of Use, whether through class arbitration proceedings
or otherwise.
Indemnification
You agree to
indemnify, defend and hold harmless Gelb Music, its
officers, directors, owners, partners, employees, agents,
licensors, suppliers and any third party information
provider to the website from and against all losses,
expenses, damages and costs, including attorney's fees,
resulting from any violation of these Conditions of
Use (including negligent or wrongful conduct) by you
or your use and access of the Gelb Music website.
International
Use
Given the global
nature of the Internet, you agree to comply with all
local rules including, without limitation, rules about
the Internet, data, e-mail, privacy, copyright, and
trademark infringement. Additionally, you agree to comply
with all applicable laws regarding the transmission
of technical data exported from the United States or
the country in which you reside.
Other Provisions
Gelb Music failure
to insist upon or enforce strict performance of any
provision of these Conditions of Use shall not be construed
as a waiver of any provision or right. Neither the course
of conduct between the parties nor trade practice shall
act to modify any provision of these Conditions of Use.
Gelb Music may assign its rights and duties under these
Conditions of Use to any party at any time without notice
to you. If any of these conditions shall be deemed invalid,
void, or for any reason unenforceable, that condition
shall be deemed severable and shall not affect the validity
or enforceability of any remaining condition. Any rights
not expressly granted herein are reserved.
Images &
Individuals
Images of individuals
throughout this website are used for illustrative purposes.
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Our
Privacy Policy
Gelb Music is committed to protecting your privacy.
That is why we have adopted this Privacy Policy. This
Privacy Policy is intended to describe how your personal
information is processed and used, and we will make
every effort to ensure that our activities keep within
the spirit of this Privacy Policy. Please note that
by visiting and using www.gelbmusic.com, you are accepting
the practices described in this Privacy Policy.
What Information
is Gelb Music gathering about its visitors and how is
it being used?
Every computer
connected to the Internet is provided with a domain
name (e.g. earthlink.net) and an IP Address (e.g. 192.164.13.145).
When a visitor requests a page from within the Gelb
Music web site, our Web Servers automatically identify
and log the HTTP request that is made to our Web Server.
This information reveals nothing personal about you.
In fact, the only information that we automatically
gather and log is as follows:
• The
IP Address of the Site that may have referred you.
• Your IP Address
• The Web Page that you may have linked to us
from, if any.
• The Product Identifier for Version and Make
of Browser (e.g. Internet Explorer 4.5)
• The Operating System platform that you may be
running (e.g. Macintosh or Windows)
• Search Words or Terms that are passed from a
Search Engine (e.g. Google, Yahoo, or Lycos)
There is absolutely
nothing special about the information just described,
and the practice of collecting this data has been generally
standardized by virtually every Web Server on the Internet
today.
The purpose
for this information is actually two-fold. One, Gelb
Music has found it advantageous to examine visitor traffic
in its aggregate, so that we can ensure maximum compatibility
for the various Browsers and Operating Systems that
visit our site. Additionally, as any business should
attest, it is our desire to generate greater amounts
of visitor traffic. By analyzing visitation patterns,
referring URL's and Search Engine terms, we can strategically
enhance our exposure on the Internet.
What about Cookies?
Cookies are
small pieces of data that are transferred to your computer's
hard drive through your Web browser from our Web Server.
A cookie cannot read data from your hard disk or read
cookie files that may have been created from other sites.
The Gelb Music web site does not use cookies.
You can choose
whether to accept cookies by changing the settings of
your browser. Typically, by accessing the browser's
help feature you can obtain information on how to prevent
your browser from accepting all cookies or to notify
you when a cookie is being sent. If you choose not to
accept these cookies, your experience at our web site
and other web sites may be diminished and some features
may not work as intended.
What other information
does Gelb Music request?
We may also
request your e-mail address or mailing address for the
purposes of conducting a survey, adding you to our mailing
list, or by your request to have someone contact you
for additional information. Whenever we request the
identity of a visitor, we will clearly indicate the
purpose of the inquiry before the information is requested.
We maintain a strict "No Spam" policy that
means we do not intend to sell, rent, or otherwise give
your e-mail address to a third-party, without your consent.
In addition,
Gelb Music will not send you e-mail that you have not
agreed to receive. If you are a member of our Mailing
List, you will be contacted with announcements, news,
etc... You have the option of "Unsubscribing"
from our Mailing List at any time, thereby disabling
any further such e-mail communication from being sent
to you.
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