Terms and Conditions and Privacy Policy

The RedDesertViolin.com Web Site (the "Site") is an online information service provided by Red Desert Violin ("RedDesertViolin.com "), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. RedDesertViolin.com MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. Copyright, Licenses and Idea Submissions.

The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are RedDesertViolin.com, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to RedDesertViolin.com a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to RedDesertViolin.com by all means and in any media now known or hereafter developed. You also grant to RedDesertViolin.com the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against RedDesertViolin.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to RedDesertViolin.com.

TRADEMARKS.

Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of RedDesertViolin.com. Other product and company names mentioned in the Site may be the trademarks of their respective owners.

2. Use of the Site.

You understand that, except for information, products or services clearly identified as being supplied by RedDesertViolin.com, RedDesertViolin.comdoes not operate, control or endorse any information, products or services on the Internet in any way. Except for RedDesertViolin.com- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with RedDesertViolin.com a. You also understand that RedDesertViolin.com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. RedDesertViolin.com PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND RedDesertViolin.com SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. RedDesertViolin.com DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. RedDesertViolin.com HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

LIMITATION OF LIABILITY
IN NO EVENT WILL RedDesertViolin.com BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF RedDesertViolin.com OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, RedDesertViolin.com LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

RedDesertViolin.com makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-RedDesertViolin.com web site, please understand that it is independent from RedDesertViolin.com, and that RedDesertViolin.com has no control over the content on that web site. In addition, a link to a RedDesertViolin.com web site does not mean that RedDesertViolin.com endorses or accepts any responsibility for the content, or the use, of such web site.

3. Indemnification.

You agree to indemnify, defend and hold harmless RedDesertViolin.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

4. Third Party Rights.

The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of RedDesertViolin.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

5.Term; Termination.

This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.

6.Miscellaneous.

This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between RedDesertViolin.com and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. RedDesertViolin.com's failure to insist upon or enforce strict performance of any provision of this Agreement 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 this Agreement. RedDesertViolin.com may assign its rights and duties under this Agreement to any party at any time without notice to you.

Any rights not expressly granted herein are reserved.

Privacy Policy

RedDesertViolin.com has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses our information gathering and dissemination practices.

Use of Cookies

Like most site, RedDesertViolin.com uses "cookies" to personalize your online experience. A cookie is a text file that is placed on your hard disk by a server and stored in your web browser. Cookies cannot be used to deliver viruses to your computer and do not run programs. Cookies are uniquely assigned to you and can only be read by a domain of the web server that issued the cookie to you.

One of the primary purposes of cookies is to make your browsing experience more convenient and efficient. A cookie tells the Web server that you have returned to a specific page and could store your personal information (if you enter any) so you do not have to continue to enter your details every time you visit a new page in the site.

You can accept or decline cookies. Most browsers automatically accept cookies, but you can usually change the settings in your browser to reject certain cookies or all cookies. If you refuse cookies you will not be able to enjoy the full interactive experience provided by the website and will miss out on certain features.

RedDesertViolin.com will not sell your submitted information, or any part thereof, to a third party.

We do not sell, rent or lease its customer lists to third parties. RedDesertViolin.com might contact you on the behalf of other business partners about a relevant offerings that may be of interest to you. In those cases, your personally identifiable information (e-mail, name, address, telephone number) is not supplied to the third party.

We use your IP address to help diagnose problems with our server, and to administer our website.

Our site's registration form requires users to give us contact information (like their name and email address). The customer's contact information is used to contact the visitor when necessary. Users may opt-out of receiving future mailings.

This site contains links to other sites. RedDesertViolin.com is not responsible for the privacy practices or the content of such websites.

Public Forums

This site makes comment features and discussion forums available to its users. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.

Information collected

When you visit this website, our Internet Service Provider makes a record of your visit and logs the following information for statistical purposes:

• Your server address
• Your top level domain name (for example .com, .gov, .au, .uk etc)
• The date and time of your visit to the site
• The pages you accessed and documents downloaded
• The previous site you have visited
• The type of browser you are using.

Access to information collected

In the unlikely event of an investigation, a law enforcement agency or other government agency may exercise its legal authority to inspect our Internet Service Provider's logs.

Choice/Opt-Out

We will only record your email address and name if you send us a message, or fill in an on-line form. Your email address will not be made available to anyone else without your consent. You may be added to a mailing list, and we may, from time to time, communicate to you special offers or pertinent news. You will always be given the option to unsubscribe from future emails.

This site does not provide facilities for the secure transmission of information across the Internet. Users should be aware that there are inherent risks transmitting information across the Internet.

Contacting RedDesertViolin.com

If you have any questions about this privacy statement, the practices of this site, or your dealings with this website, you can contact Lora Staples at lora@reddesertviolin.com.