Ivan Kral

Terms of Use and Privacy Policy

Please do not use this site unless you comply to all Terms and Policies below.
If any content infringes on your copyright, please read our entire Terms and Policy for instruction.

CHANGES TO POLICY
We reserve the right to change the terms of this Privacy Policy. Any changes will be posted on this page only, so please check it regularly. Your continued use of the site following any changes to this Privacy Policy will constitute your acceptance of such changes. You agree that the information that we gather now will be subject to the Privacy Policy in effect at the time of use.

SECURITY AND INFORMATION USAGE
When we obtain your personal information, we try to protect it from unauthorized use, but we are not insurers of security over any data transmitted over the internet. We assume no liability for any disclosure due to errors in transmission, unauthorized third party access, or other acts of third parties, or acts or omissions beyond our reasonable control.

If you place an order, or use another site feature that requires payment, we may collect your account or credit card # as well as other information. By making a purchase, you consent to providing your financial information to our service providers. These third parties may include credit card companies, and banks used to process the transaction.

We reserve the right to reveal your identity and any or all information that we know about you in the event of a potential complaint, legal action, subpoena, court order, or if we deem it necessary to protect the interests of the site and/or other users. Information from you may also be transferred to a third party as a result of a sale or acquisition, merger, or bankruptcy involving the company and any of its affiliates.

We may collect non-personal information from you by "passive" means, including browsing patterns or IP address. We may set cookies to collect personalized information. We do not have control over cookies or other means placed by others.

We may use third party contractors to help us operate our business, site, and/or administer activities on our behalf, and may share your personal information with these contractors.

You agree that all your user content, whether publicly or privately transmitted is your sole responsibility. User content doesn't necessarily reflect our views. We shall not be liable to you or any third party in any way, for any user content, including but not limited to, errors or omissions in any user content, or for any loss or damage of any kind incurred as a result of the use of any posted user content, emailed, transmitted, linked, or otherwise made available via the site. You should carefully review the privacy policies of any linked sites you access via the site.

COMMUNITY
The site may make message boards, and/or other community functions available to users. Your disclosed information becomes public, so exercise caution when deciding to disclose your personal, financial or other information. Use is at your own risk.

CORRECT/UPDATE PERSONAL INFORMATION
If you would like to review, update, change or delete information that we have collected from you, please email us, or contact us at PO Box 7108, Ann Arbor, MI 48104. Changes may not be effective immediately.

INTELLECTUAL PROPERTY
To the best of our knowledge, we believe site contents are Fair Use, Public Domain, Newsworthy, Licensed from Archive Vendors, owned and/or controlled by this site and/or affiliates, Supplied or Released into Public Domain by Public Relations and Marketing Associates for press purposes, or are so widely distributed on the internet that they are deemed to have become part of Public Domain, or were submitted with the implied representation that the person submitting the work owns the copyright, and provided it for site use.

If you believe any portion of any content infringes on your copyright, please complete the following 4 actions, and, if proven, we will remove the content.

1) Include the following: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed." Sign the document and mail it to: Designated Agent at P.O.Box 7108 Ann Arbor, MI 48104

2) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works or rights are covered by a single notification, a representative list of such works or rights, along with exact permanent URL for page. 3) Information reasonably sufficient to permit us to contact you, such as an address, phone number, and email address. 4) A statement that you have a good faith belief that use of the material in the manner is not authorized by the rights owner, its agent or the law, and provide information detailing your ownership claim along with registration proof under DMCA. Your notice of claim must fully comply with all detailed requirements set forth in the DMCA, otherwise we may not respond to any notice of alleged infrngement

Please note that you will be liable for damages (including costs and attorneys' fees) if you misrepresent that any material on our site is infringing your copyrights. A recent infringement notification seeking removal of online data protected by Fair Use doctrine was ordered to pay costs and attorneys' fees of over $100,000, in a recent court case. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney. Please note that any copy of a legal notice we receive may be sent for publication. We also reserve the right to publish your letter on this, or a related site.

We do not review every message, nor confirm the accuracy, usefulness or validity of any posted information. By submitting any content to the site you hereby grant this site and affiliates, the perpetual world-wide non-exclusive royalty-free right and license to use, reproduce, display, perform, adapt, modify, distribute, have distributed, exploit, license, sublicense and promote any portions of any information, in any forms in all media known or hereafter created, anywhere in the world, and for any purpose. Furthermore, you waive any so-called moral rights or other similar rights in your User Content. You give us the right to exploit any proprietary rights in any form of any communication, including, but not limited, to patent, copyright, trademark or any laws under any relevant jurisdiction.

You agree not to submit or post any content that infringes a 3rd party right, including, without limitation: Copyrights, trademarks, patents, trade secrets, rights of privacy and publicity; information that is libelous, defamatory, or slanderous; information that promotes, contains or links to hacks, or similar utilities or programs; information that may denigrate or offend any minority via language, images, or otherwise; information that may harass, defame or abuse others; impersonate characteristics or qualifications of any other person or entity; or information that falsely states or otherwise misrepresents your identity, or affiliation with a person or entity; information that promotes or condones illegal activity. Unless expressly authorized by us, you agree not to sell, license, publish, scan, broadcast, transmit, post, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from materials of any content available on the site. Notwithstanding the above, you may use the content and materials in the course of your normal, personal, non-commercial use of the site.

PROHIBITED
You agree to respect the rights of others, and exercise good judgment. Without limitation, you agree not to engage in unauthorized advertising in any form, or to impersonate any person or entity, violate any applicable local state, national or international law, rules or regulations, collect or store personal data about other users, use any robot, spiders or processes to monitor or copy any content contained thereon for any unauthorized purpose without our prior express written permission, take any action that imposes an unreasonable or disproportionately large load on our infrastructure, display any of the site in a frame (or any of our content via in-line links), attempt to gain unauthorized access to any part of the site, including without limitation, other accounts, systems, or networks connected to site, through hacking, password mining or any other means, attempt to obtain any materials or information through any means not intentionally made available through the site, engage in any activity that interferes with any third parties ability to use the site, assist any third party in engaging in any activity prohibited in any of these terms, soliciting personal information from harm or attempt others.

ARBITRATION
You agree that any dispute arising out of or relating to these terms or your use of the site, will be submitted exclusively to confidential, binding, arbitration in Washtenaw County, in the State of Michigan. Arbitration under these terms will be conducted under the prevailing rules of the American Arbitration Association. The Arbitrators award will be binding, and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these terms will be joint to an arbitration involving any other party subject to these terms where, through class arbitration proceedings or otherwise. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate the intellectual property rights of this site, these persons or entities may seek injunctive or other appropriate relief in any state or federal court in the state of Michigan, and you consent to exclusive jurisdiction and venue in such courts.

INDEMNIFICATION
This site is neither liable, nor responsible for any special, indirect, direct, exemplary, punitive, incidental or other damages out of, or relating, in any way, to this website, and it's affiliates or 3rd parties. You agree to indemnify and hold harmless the site and the artists and management as well as their subsidiaries, affiliates, owners, associates, licensees, licensors, agents and other partners and employees from any claim, demand, action, damage, loss, inaction, cost or expense, including without limitation, reasonable attorneys fees, incurred in connection with any suit or proceeding brought against any of the indemnified parties arising out of your site use, or alleging facts or circumstances that could continue a breach of any provision of these terms by you. If you are obligated to indemnify any of the indemnified parties, such party will have the right, in its sole and exclusive discretion, to control any action or proceeding and determine whether they wish to settle, and if so, on what terms.

DAMAGES AND EXCLUSION
You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: 1. Inability to use site, 2. Cost of procurement of substitute goods or services resulting from any goods, data, information or services purchases or obtained or messages entered into through or from the site 3. Unauthorized access to, or alteration of your transmissions or data 4. Statements or conduct of any third party on the site 5. Any other matter relating to the site.