WithinTheScreams.com Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE ("TERMS OF USE") CAREFULLY. BY ACCESSING THIS WEBSITE AND ANY PAGES OR MATERIALS CONTAINED IN THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS SET FORTH BELOW, PLEASE LEAVE THIS SITE IMMEDIATELY AND DISCARD OF ANY ASSOCIATED PAGES OR MATERIALS WHICH YOU MAY HAVE STORED.

This website is operated on behalf of Ashley Dalby (the "Operator" and the "Artist", as indicated). All pages, data, pictures, music, materials and information contained on this website are the property of the Artist and Operator, or used under license. The Operator reserves the right, in its sole discretion, to change, modify, add, or remove any portion of this website or these Terms of Use, in whole or in part, at any time for any reason.

Changes to this Policy

Changes to these Terms of Use are made effective when they are posted on the website. By accessing this website hereinafter you will be considered as accepting of those changes. These Terms of Use govern your use of this website. In the event that you do not comply with these Terms of Use the Operator, at its sole discretion and without notice, may block or restrict your access to this website in addition to pursue legal action against you where granted by governing law.

Permitted Use

Any person is hereby authorized to view the information available on this website for informational, educational, and communication purposes only. Permission to use documents and related graphics available from this website is granted, provided that:

• Copyright notice and website link appears in all copies and that both the copyright notice and this permission notice appear;
• Use of documentation and/or related graphics available from this website are for informational and non-commercial or personal use only; and
• Documentation and/or related graphics available from this Server are not modified in any way.

If you have questions regarding the use of the materials on this website, please contact us.

Linking to this Website

By linking to this website you indicate acceptable to these Terms of Use and the legal restrictions that are part of it. If you do not accept or abide by these guidelines do not link to this website. By linking to this website you agree that you will not:

• Will not frame or otherwise create a browser or border environment around this website's content;
• Will not imply that the Operator and/or the Artist is endorsing you, your company or business, your website or its contents, your products, or your services;
• Will not misrepresent your or your website's relationship with the Operator and/or the Artist;
• Will not present false, misleading or inaccurate information about the Artist and/or the Operator; and
• Will not include content on your website that is or could be construed as illegal, distasteful, offensive, or controversial and will include on your website only content that is appropriate for all age groups.

Limited License

The Operator grants you a non-exclusive, non-transferable, limited right to access, use and display this website and the materials thereon; provided, however, that you comply with these Terms of Use. You agree not to disrupt, interrupt or attempt to interrupt the operation of the website in any way. You agree not to change or delete any proprietary notice from materials downloaded from the website. You agree to comply with all trademark, copyright and other laws worldwide in your use of this website and to prevent any unauthorized copying of the materials and information contained on this website. Except as expressly provided herein, the Operator and/or the Artist does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.

Disclaimer and Indemnity/Limitation of Damages

You agree to indemnify, defend and hold harmless the Operator, the Artist, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the website against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, incurred in relation to, arising from the use of this website (including a breach of these Terms of Use), the content, materials, Submissions and functions of this website, even if it the Operator and/or the Artist are expressly advised of the possibility of such damages.

The Operator and/or the Artist cannot and does not guarantee or warrant that any of the materials available for downloading through this web site will be free of infection of viruses, worms, trojan horses or other code that has an intent other than what the description of the content says. You are responsible for implementing sufficient safe guards and procedures to satisfy your requirements for the security and safety of your systems. By accessing this website you assume total responsible and risk for the use of the materials on this website.

Incorrect Information

The materials and information contained on this website may contain inaccuracies and/or typographical errors. The Artist and/or the Operator does not warrant the accuracy or completeness of the materials or other information displayed or distributed through the website. You acknowledge that any reliance on this information shall be your sole risk. The Operator and/or the Artist reserves the right at its sole discretion to make corrections or omissions to any portion of this website without notice.

This website, the information and materials provides on this website are provided "AS IS" and the Operator and/or the Artist does not make any express or implied warranties, representations or endorsements whatsoever including, without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness of any particular purpose with regard to the website, any merchandise, information or service provided through the website. As a result the Operator and/or the Artist shall not be liable for any cost or damage arising either directly or indirectly from any such transaction.

Copyright Violations

Just as the Artist and the Operator requires users to respect our copyrights, and those of our affiliates and partners, we respect the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on our website without authorization in a way that constitutes copyright infringement we ask that you contact us. Any personal information you provide in your email will be used only for purposes related to your email.

Links to Third Party Sites

Some of the links on this web site will take you to third party sites. Where possible the Operator has taken care to provide you notice that you are leaving the website. If you decide to visit any third party site you do so at your own risk and take responsibility of taking protective measures to guard against malicious content on the third-party site. The Artist and/or the Operator does not control these linked sites and is not responsible for their contents and as makes no warranty or representation regarding the information contained on third-party sites. These links are provided to you for your convenience and the inclusion of the link does not imply endorsement of the website by the Artist and/or the Operator.

Governing Law

This website is operated and administered from within the USA. Use of this Site shall be governed by all applicable Federal laws of the United States Of America, without giving effect to its conflict of laws provisions. You agree to submit to the jurisdiction of the courts, for the resolution of all disputes arising from or related to these Terms of Use and/or your use of this website.

Copyright

The materials of this website are protected by Copyright and Trademark Laws of United State Of America and other countries and are owned by, or licensed to the Operator. Except as set out herein, all content of this website is owned or controlled by the Operator and/or the Artist. You may download content only for your personal use for non-commercial purposes but no modification or further reproduction of the content is permitted. The contents of the website, including any images, text, binary programs or information, and layout design may not be distributed, reproduced, publicly displayed, downloaded, modified, reused, re-posted, or otherwise used except as outlined in the Permitted Use section.

We are always happy to hear from you. Please note that if you send us suggestions, ideas, pictures, emails, electronic posts, letters or other information or data (collectively, "Submissions"), we may not return the Submissions to you. Once submitted, the Operator shall be entitled to unrestricted, unlimited, use of the Submissions for any purpose whatsoever, without compensation to you. You confirm that you waive all moral rights related to the Submissions. You warrant that you are able to grant the rights expressed above.

© The Artist and the Operator (2005 - 2010). All Rights Reserved.