LEGAL / THE FINE PRINT
TERMS OF USE FOR THIS SITE
If you're reading this, you must be really bored, or perhaps
you're interested in a career in law! Either way, we'll try to make it interesting
even though it makes pretty good bedtime reading. Our lawyers tell us that
this contains important information about thefaded.com and since
they're smarter than we are, we figured we should to listen to them. Let's
just say the privacy policy is about privacy and how to keep yours super secret!
So read on and we promise not to tell anyone you did. See? Privacy!
Please read these Terms Of Use carefully before using this
site. By using this site, you signify your agreement with these Terms Of Use.
If you do not agree with any of the below Terms Of Use, do not use this site.
The Faded reserves the right, in its sole discretion, to modify, alter
or otherwise update these Terms Of Use at any time and you agree to be bound
by such modifications, alterations or updates.
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
This site is controlled and operated by The Faded,
Post Office Box 27704, Holywood, CA 90027-0704. The Phone number is 773.388.2784.
All material on this site, including, but not limited to images, illustrations,
audio clips, and video clips, is protected by copyrights which are owned and
controlled The Faded or by other parties that have licensed their material
to The Faded ("Copyrights"). Material from thefaded.com
or any web site owned, operated, licensed or controlled by The Faded
("The Faded Online Web Sites") may not be copied, reproduced,
republished, uploaded, posted, transmitted, or distributed in any way. Modification
of the materials or use of the materials for any other purpose is a violation
of the copyrights and other proprietary rights. For purposes of this Terms
of Use Agreement, the use of any such material on any other web site or networked
computer environment is prohibited.
PRIVACY
The Faded is very respectful about the privacy concerns
of the visitors to it's sites on the Internet. As a general policy, no personal
information is automatically collected from visitors to its sites. However,
certain non-personal information of visitors is recorded by the standard operation
of The Faded Internet servers. This information is primarily used to
provide an enhanced online experience for the visitor. Information tracked
includes the type of browser being used by the visitor (e.g., Netscape, Internet
Explorer), the type of operating system (e.g., Macintosh, Windows) in use
by the visitor and the domain name of the visitor's Internet service provider
(e.g., America Online, Earthlink) . By having this information, web pages
optimized for a particular visitor's computer is automatically available to
that visitor. Other uses of this information include internal review of the
number of visitors to the sites but only in an aggregate and non-personally-identifiable
form. E-mail addresses and other personally identifiable data about visitors
to this site are known to The Faded only when voluntarily submitted.
Personally identifiable information that may be collected
in connection with visitors voluntarily filling out contest entry forms or
subscribing to newsletters is retained by The Faded and not sold or
otherwise transferred outside the company. This information is used to better
understand visitors' use of our sites and to support transactions made on
the sites.
However, this data in an aggregate form may be provided to
other parties for marketing, advertising or other uses. We sometimes also
use e-mail addresses and other personally identifiable information to contact
visitors who communicate with us. For example, we direct e-mail to visitors
who provide us with their e-mail addresses for specific purposes such as receiving
our e-mail newsletters or being notified if they have won one of our contests.
Each e-mail newsletter always contains instruction on how to discontinue receipt
of the newsletter.
Many of the The Faded web sites, including this one,
place a "cookie" in the browser files of a The Faded user's
computer. The cookie itself does not contain any personally identifying information.
Although the cookie could enable The Faded to relate a user's use of
a The Faded site to information that the user has specifically and
knowingly provided, The Faded does not do so for any kids sites.
Users should be aware that when they voluntarily disclose
personal information (e.g., user name, e-mail address, phone number) on the
bulletin boards or in the chat areas, that information can be collected and
used by others and may result in unsolicited messages from other people.
To the extent that any of our sites accessible through The Faded has additional practices, these practices will be explained at that
site.
A SPECIAL NOTE FOR PARENTS CONCERNING PRIVACY
The Faded makes a special effort to encourage children
to consult with their parents before furnishing data. However, The Faded
believes that parents should supervise their children's online activities
and consider using parental control tools available from online services and
software manufacturers that help provide a kid-friendly online environment.
These tools can also prevent children from disclosing online their name, address,
and other personal information without parental permission. For additional
information about parental control tools, please consult the "Consumer
Assistance" page of the Direct Marketing Association home page (www.the-dma.org).
LINKED SITES
The Faded, whether or not affiliated with sites which
may be linked to this site, is not responsible for their content ("Linked
Sites"). The Linked Sites are for your convenience only and you access
them at your own risk.
DISCLAIMER
The materials in The Faded’s Web Sites are provided
"as is" and without warranties of any kind either express or implied.
To the fullest extent permissible pursuant to applicable law, The Faded
disclaims all warranties, express or implied, including, but not limited to,
implied warranties of merchantability and fitness for a particular purpose.
The Faded does not warrant that the functions contained in the materials
will be uninterrupted or error-free, that defects will be corrected, or that
The Faded’s Web Sites or the server that makes them available
are free of viruses or other harmful components. The Faded does not
warrant or make any representations regarding the use or the results of the
use of the materials The Faded’s Web Sites in terms of their correctness,
accuracy, reliability, or otherwise. You (and not The Faded) assume
the entire cost of all necessary servicing, repair or correction. Applicable
law may not allow the exclusion of implied warranties, so the above exclusion
may not apply to you. The material that you read in The Faded’s
Web Sites is provided solely for entertainment and promotional purposes. The
information and opinions expressed in Bulletin Boards, Chat Rooms, or other
forums conducted on this site ("Forums") are not necessarily those
of The Faded or its affiliated or related entities or content providers
and The Faded makes no representations or warranties regarding that
information or those opinions. Furthermore, neither The Faded nor its
affiliated or related entities or its content providers are responsible or
liable to any person or entity whatsoever (including, without limitation,
persons who may use or rely on such data / materials or to whom such data
/ materials may be furnished) for any loss, damage (whether actual, consequential,
punitive or otherwise), injury, claim, liability or other cause of any kind
or character whatsoever based upon or resulting from any information or opinions
provided in The Faded’s Web Sites
SUBMISSIONS
Any notes, message / billboard postings, ideas, suggestions,
concepts or other material submitted will become the property of The Faded throughout the universe and The Faded shall be entitled to use
the material for any type of use forever including in any media whether now
known or hereafter devised. When you submit material to The Faded’s
Web Sites, you agree that The Faded has the right to publish the material
for any type of use as outline above including promotional and advertising
purposes.
The Faded is not responsible for any material posted
on our Forums. You shall not submit or otherwise publish through such Forums
any content which:
- libels, defames, invades privacy, or is obscene, pornographic, abusive,
or threatening;
- infringes any intellectual property or other right of any entity or
person, including, but not limited to violating anyone's copyrights or
trademarks;
- violates any law;
- advocates illegal activity;
- advertises or otherwise solicits funds or is a solicitation for goods
or services; (collectively "Non-Approved Material").
You agree to indemnify The Faded and its officers,
directors, employees, agents, distributors and affiliates from and against
any and all third party claims, demands, liabilities, costs, or expenses,
including reasonable attorney's fees, resulting from your breach of any of
the foregoing agreements, representations, and warranties.
E-MAIL AND POSTINGS RECEIVED
Do not post any threatening or libelous e-mails or material
on this site that would be considered a violation of any law. The Faded
will fully cooperate with any law enforcement authorities or court order requesting
or directing The Faded to disclose the identity of anyone posting any
such e-mails or materials.
JURISDICTIONAL ISSUES
Unless otherwise specified, the materials in The Faded’s
web sites are presented solely for the purpose of entertainment and promoting
music, programs, films and other products available in the United States,
its territories, possessions, and protectorates. This site is controlled and
operated by The Faded from its offices within the State of Clifornia,
United States of America. The Faded makes no representation that materials
The Faded's Web Sites are appropriate or available for use in other
locations. Those who choose to access this site from other locations do so
on their own initiative and are responsible for compliance with local laws,
if and to the extent local laws are applicable.
This agreement shall be governed by, construed and enforced
in accordance with the laws of the State of California, as it is applied to
agreements entered into and to be performed entirely within such State. Any
action you, any third party or The Faded bring to enforce this agreement
or, in connection with, any matters related to this site shall be brought
only in either the state or Federal Courts located in Los Angeles County, California,
and you expressly consent to the jurisdiction of said courts. If any provision
of this agreement shall be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from this agreement and shall
not affect the validity and enforceability of any remaining provisions. This
is the entire agreement between the parties relating to the matters contained
herein and shall not be modified except in writing, signed by The Faded.
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