Terms of Use
By using the Site, you agree to the Terms of Use, which are subject to change. These Terms of Use shall not be interpreted or construed to confer any rights or remedies to any third parties. Gracenote's failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Gracenote of any provision or any other right it has to enforce.
Permitted Use of this Site
You may access the Gracenote Site to view information, including the Gracenote Global Media Database of music-related information, links and other content on this Site (all of the forgoing is referred to as "Content"), subject to the terms stated here. This service is provided for your own personal information and use only.
Gracenote reserves the right to make changes to Content at any time and without notice. Gracenote also reserves the right to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes. Gracenote reserves the right to terminate your access, at its sole discretion and without prior notice, and/or block your future access to the Site if we determine that you have violated these Terms of Use.
You can link to our Site and include our logo in your link provided you agree to cease such link upon request from Gracenote. This right is contingent on your compliance at all times with these Terms of Use. You may not otherwise publish, copy, reproduce, distribute or otherwise use any Gracenote trademark, logo, or graphics on external sites or in any other medium or form.
Restrictions
You may not make commercial use of the Site, any Content, or anything that you obtain from this Site. You may not aggregate or collect Content from this Site to construct any kind of on-line or computer database. You may not use this Site or Content to solicit the performance of any illegal activity or other activity which infringes the rights of Gracenote or others. You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulation. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or with any other person's use of the Site. You may not attempt to gain unauthorized access to any portion or feature of the Site, by hacking, password "mining" or any other illegitimate means.
Your link to our Site may also allow your users to query the Gracenote Global Media Database, but you may only do so by using our published query interface (described in http://www.Gracenote.com/corporate/linking.html). You may not filter or reformat or otherwise alter the resulting HTML response to the query. You will also be subject to the restrictions that prevent you from framing the Gracenote site (discussed below).
Email addresses are provided solely for user queries relating to Gracenote. Capture of Gracenote email for use with unsolicited email is not permitted.
1. Framing and other Technology Restrictions
Our express written permission is required before embedding Gracenote pages in "frames" running from other sites. For further information please read our copyright and license document. You also may not, without our prior written permission, "mirror" any content or Content contained on this Site or any other server. You may not use the terms "Gracenote Global Media Database," "MusicID" or any other Gracenote trademark in any metatag, unless we have granted you permission to do so in writing.
2. Proprietary Rights Information
The contents of this Site are protected by the copyright laws of the United States and around the world, including international treaties. No use of Content on this Site is allowed except as expressly stated herein. All rights not expressly granted are reserved. Copyright © 2007 Gracenote Inc. Some Content may be copyrighted by Gracenote's suppliers, licensees and affiliates. Gracenote, Gracenote (in Japanese characters), the Gracenote Logo, CDDB, CDDB (in Japanese characters) CDDB and Design, CDKey, Design Only (Puffy G), and Metacredit are registered trademarks of Gracenote, Inc. MusicID, Mobile Music ID, Playlist, Playlist Plus, Link, MediaVOCS, Discover, Lyrics, VideoID, More Like This, DVD Key, and MusicDNA are trademarks of Gracenote, Inc. Without Gracenote's prior permission, you agree not to display or use in any manner, the Gracenote marks. Copyright and trademark law also applies to other companies' advertisements or information presented on this Site.
Warranty Disclaimer
Gracenote does not warrant the accuracy of Content on the Site. Content is provided for your amusement and entertainment. You should not rely upon Content for any purpose.
Gracenote does not promise that the Site or any Content, service, or feature of the Site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Site will provide specific results. Gracenote cannot ensure that any files or other data will be free from viruses or contamination or destructive features.
Gracenote makes no representations about any other non-Gracenote Web sites that you may access from this one. You acknowledge that any non-Gracenote Web site is independent from Gracenote, and that Gracenote has no control over the content on such Web sites. A link to a non-Gracenote Web site does not mean that Gracenote endorses or accepts any responsibility for the content, or for the use, of such Web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through this Site are solely between you and such advertiser. This includes payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings. You agree that Gracenote will not be responsible or liable for any loss or damage incurred as the result of any such dealings.
THIS SITE AND THE CONTENT PROVIDED ON THIS SITE AND ANY RELATED COMMUNICATIONS ARE PROVIDED ON AN "AS IS" BASIS ONLY. ALL EXPRESS AND IMPLIED WARRANTIES ARE HEREBY DISCLAIMED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The Gracenote Site is controlled, operated and administered by Gracenote from its offices within the United States. Gracenote makes no representation that material available through the Gracenote Site is appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. If you access the Gracenote Site from a location outside the United States, you are responsible for compliance with all applicable laws, and Gracenote accepts no responsibility for such access. Gracenote is currently headquartered at 2000 Powell St., Ste. 1380, Emeryville, CA, 94608.
Limitations of Liability
You agree that Gracenote will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
IN NO EVENT WILL GRACENOTE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES FOR ANY USE OF THIS WEB SITE, OR ON ANY OTHER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OFLIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnity
You agree to indemnify and hold Gracenote, and its subsidiaries, affiliates, officers, employees, agents and co-branders or other partners, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site.
Additional Terms Applicable to Developers
The following are additional terms and conditions for this Site that apply to software developers and Gracenote licensees. All Terms of Use also apply.
Gracenote has prepared certain license agreements for developers and business partners who seek to license Gracenote data and software ("Software") for their applications or other commercial and non-commercial use. For information contact us at gracenotelicensing@gracenote.com. You may also request information about terms or use for our unique Gracenote Global Media Database service and software by contacting us through http://www.gracenote.com/developer/licensing.html.
Any Software that is provided by Gracenote or made available for download from this server is the copyrighted work of Gracenote, Inc. and/or its suppliers. Use of the Software is governed by the terms of the license agreement, which accompanies or is provided for the Software. In some cases, Gracenote may require that a license agreement must be signed before a Developer receives a copy of its software.
Any reproduction or redistribution of any Gracenote Software not in accordance with the applicable license agreement is expressly prohibited by law, and may result in severe civil and criminal penalties.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE APPLICABLE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, GRACENOTE, INC. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
ALL INFORMATION SUPPLIED TO DEVELOPERS AND LICENSEES IS PROVIDED "AS IS."
General
Your sole remedy against Gracenote for dissatisfaction with the Site or any Content is to stop using the Site or any such Content.
The Terms of Use constitute the entire agreement between you and Gracenote and govern your use of the Site, superseding any prior agreements. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and any remaining provisions of the Terms of Use remain in full force and effect. You and Gracenote agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Alameda and San Francisco Counties, California, without regard to California's conflict of law provisions. You agree that any claim or cause of action arising out of or related to use of the Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If Gracenote does take any legal action against you as a result of your violation of these Terms of Use, Gracenote will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in action to any other relief granted to Gracenote.
QUESTIONS?
If you have any questions about this Notice of the Terms of Use, please contact:
Gracenote, Inc.2000 Powell St, Suite #1380
Emeryville, CA 94608
GracenotePrivacy@gracenote.com
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