ErstonPearcy.com Terms of Use

Acceptance of Terms of Use Agreement

This Terms of Use agreement ("Agreement") is a legal agreement between you, the user of www.ErstonPearcy.com ("ErstonPearcy.com"), and Erston Pearcy ("EP"), the owner and operator of ErstonPearcy.com.
ErstonPearcy.com provides a set of information and media resources, which includes digital music files, digital images, music video links, personal biography, and links to online stores all of which are subject to this Agreement. This Agreement states the terms and conditions under which you may access and use ErstonPearcy.com. By accessing and using ErstonPearcy.com, you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use ErstonPearcy. EP may revise this Agreement at any time by updating this posting. Your use of ErstonPearcy.com after changes are posted will explicitly mean you accept the revised terms. As such, you should revisit this Terms of Use page from time to time to review the Agreement.

Website Content

All resources and materials ("Content") including but not limited to all messages and files in the form of text, images, photos, sounds, video, or other media file types placed on or linked from ErstonPearcy.com are the exclusive responsibility of the person from whom such content originated. Content available on ErstonPearcy.com may contain links to other websites, which are completely independent of ErstonPearcy. EP makes no claim or warranty regarding authenticity, accuracy, or completeness of any information contained in any linked website. Any linking you may do to other webites from ErstonPearcy.com is done at your own risk. You agree that you must carry all risks associated with the use of any content and/or linking to other webites from ErstonPearcy.com and that under no conditions will EP be liable in any way for any Content or for any loss or damage of any form incurred as a result of the use of any Content posted, emailed or otherwise made available by or through ErstonPearcy.

 You must use the Service in a manner consistent with any and all applicable laws and regulations.

Limited License

Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non-exclusive, non-transferable license to access, view and use ErstonPearcy.com and its Content for your personal use, and are granted the right to download, store and print single copies of items comprising the Content for your personal use, provided that you maintain all copyright and other notices contained in or associated with such specific Content. This license does not include the use of data gathering and extraction processes, such as spiders or robots, for any purpose unless explicitly permitted by EP. An exception is granted to public archives and internet search engines that use such mechanisms to gather information for the purpose of providing reference connections and/or displaying hyperlinks to ErstonPearcy.com, provided they abide by specifications and restrictions within the robots.txt file contained in the ErstonPearcy.com home directory.

Copyright Protection

All resources and materials displayed or otherwise accessible through ErstonPearcy are protected by copyright law, and are owned by EP or the party accredited as the provider of the Content. Except as granted in the limited license herein, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of this website or of its Content, whether in whole or in part, is prohibited without the express prior written consent of EP.

Proprietary Rights

ErstonPearcy.com Content is protected by copyright laws and international treaties. Content displayed on or through ErstonPearcy.com is protected by copyright as a collective work or compilation, according to copyrights laws. Any reproduction or redistribution of ErstonPearcy.com content is prohibited without explicit approval of EP. You agree not to copy and/or redistribute ErstonPearcy.com content without explicit approval of EP, and agree to abide by all copyright notices displayed on ErstonPearcy.

Although EP does not claim ownership of content that its users post, by posting Content to the ErstonPearcy.com service, you automatically grant, and you represent and warrant that you have the right to grant, to EP an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the ErstonPearcy.com service, you automatically grant EP all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the ErstonPearcy.com service by any party for any purpose.

Notification for Claims of Copyright Infringement

If you believe that any content appearing on ErstonPearcy.com has been copied as to constitute copyright infringement please provide EP with detail identification of: the specific work that you believe has been infringed upon; the specific ErstonPearcy.com content pertaining to the suspected infringement; your full name, mailing address, daytime and evening telephone numbers, and email address.

Send notification via our Contact page with "Copyright Infringement" as the beginning of the body.

Privacy and Information Disclosure

EP has established a Privacy Policy, to explain to ErstonPearcy.com users how their information is collected and used, located here.
Your use of ErstonPearcy.com signifies acknowledgement of and agreement with our Privacy Policy. You further understand and agree that EP may disclose your Content, and/or your personal information, such as email address(es) and/or other information, as required by law or if deemed by EP or its agents that such disclosure is necessary to: comply with the law; protect the property and rights of EP, ErstonPearcy.com users, or the public; respond to claims that any Content violates the rights of other parties.

Service Limits

You understand and agree that EP may establish limits of use of ErstonPearcy.com service, including an upper limit on time that content will be displayed and/or stored by the ErstonPearcy.com service, or the maximum size of uploads and postings or other Content made available by the ErstonPearcy.com service. You understand and agree that EP carries no responsibility or liability for the removal or failure to retain any Content on ErstonPearcy.com. You understand and agree that EP reserves the right to alter, reduce, suspend, or discontinue the ErstonPearcy.com service, or any part of that service, at any time with no prior or subsequent notice, and that EP shall not be liable to you or to any other party for any alteration, reduction, suspension or discontinuation of the ErstonPearcy.com service.

Service Termination

You agree that EP, with its own judgement and discretion, has the right to remove or deactivate your account or prohibit your use of the ErstonPearcy.com service or any part of the ErstonPearcy service without notifying you, and remove and delete any Content within the ErstonPearcy.com service if EP believes that you have failed to abide by this Agreement. You agree that EP shall not be held liable for deactivation of your account and/or termination of your access to the ErstonPearcy.com service.

Limitations of Liability

You acknowledge and agree that under no conditions shall EP be liable for any damages caused whether direct, indirect, incidental, consequential, or exemplary or are the direct or indirect result of your proper or improper use of ErstonPearcy.com or the ErstonPearcy.com service, from unavailability of ErstonPearcy.com or the ErstonPearcy.com service and/or your inability to otherwise use ErstonPearcy.com or the ErstonPearcy.com service, or as the result of the alteration, interruption, reduction, suspension, or discontinuation of ErstonPearcy.com or the ErstonPearcy service whether or not EP has been advised of the possibility of such damages. These limitations shall apply to the fullest extent permitted by law. In some jurisdictions such limitations of liability are not allowed. In such jurisdictions, some of the foregoing limitation may not apply to you.

Disclaimer of Warranties

You understand that this website and its content are provided "as is" or "as available". While EP makes an effort to provide content through this website that is correct, accurate and current, no warranties are made
(1) that this website or its content will be accurate, complete, or current for any purpose,
(2) that this website will be free from viruses or harmful software,
(3) that defects in this website or its content will be corrected,
(4) that any data communications to or from this website will be secure and/or not intercepted. You acknowledge and agree that you are using this website at your own risk and liability.

Indemnity

You agree to indemnify and hold EP, its officers, employees, affiliates, and suppliers, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you post or make available through ErstonPearcy.com, your use of ErstonPearcy.com, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

Legal Jurisdiction

By accessing or using ErstonPearcy.com, you agree that all matters relating to your access to, or use of ErstonPearcy.com and its Content shall be governed by the laws of the State of California. You agree and hereby submit to the exclusive jurisdiction of the courts within the County of San Francisco, California with respect to all matters relating to your access to and use of ErstonPearcy.

Effective Date: November 1, 2010


Copyright © 2010 Erston Pearcy. All rights reserved.