TERMS OF USE
PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS ("TERMS OF USE" OR "AGREEMENT") CAREFULLY BEFORE ACCESSING THIS WEB PAGE, LOCATED AT http://www.flashenhanced.com/buckcherry/ (SUCH WEB PAGE, THE "SITE," INCLUDING ANY RELATED SERVICES PROVIDED THROUGH THE SITE).  THE SITE IS OPERATED ON BEHALF OF ATLANTIC RECORDING CORPORATION ("ATLANTIC," "WE," "US").  USE OF THE SITE IS CONDITIONED UPON ACCEPTANCE BY THE USER OF THE SITE ("YOU"), WITHOUT MODIFICATION, OF THESE TERMS OF USE.  YOUR USE OF THE SITE INDICATES YOUR AGREEMENT TO ALL SUCH TERMS OF USE.  IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THE SITE.
1.  CHANGES TO SITE.  Changes are periodically made to the Site and to the information and materials made available through the Site.  Atlantic may make any changes in or discontinue all or any part of the Site at any time without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site.  You agree that neither Atlantic nor any parent, subsidiaries, sponsors, affiliates, labels (including, without limitation the 11-7 Recordings label), artists, licensors, or authorized agents of Atlantic (collectively, "Affiliated Entities," and including without limitation Warner Music, Inc.) shall be liable to you or to any third party for any changes, suspension or discontinuance of the Site, in whole or in part, or of any service, content, feature or product offered through the Site.  Your continued use of the Site after such changes will indicate your acceptance of such changes.  If you have any questions regarding the meaning or application of these terms of use, please direct such questions to BuckcherryHomeVids@yahoo.com.
2.  MODIFICATION.  Atlantic reserves the right to modify this agreement at any time without notice.  Modifications to this agreement will be effective immediately as of the date on which the modified agreement is posted on the Site.  You are responsible for regularly reviewing this agreement for modifications.  You can determine when this agreement was last modified by referring to the "LAST UPDATED" legend at the top of this agreement.  Your continued use of the Site after such modifications indicates your acknowledgement and acceptance of the agreement as modified. 
3.  TRADEMARKS AND COPYRIGHT/PERSONAL USE.  All material on this Site, including, but not limited to text, graphics, images, audio and video, trademarks, service marks, logos, domain names, slogans and other indicia of origin that appear on or in connection with the Site, are owned, controlled by or licensed to Atlantic and the Affiliated Entities.  The Site and the material on it are solely for your personal and non-commercial use.  You shall not modify, copy, distribute, transmit, display, perform, reproduce, store, publish, license, create derivative works based (whether in whole or in part) on, transfer, upload, rent, lease, or sell any information, material, products or services from, on or obtained through the Site without our prior express written consent.
Atlantic respects the intellectual property rights of others, and it expects you to do the same.  The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.  If you know of or suspect that any use of the Site or material available on it constitutes copyright infringement, please send a notice to customer service at Atlantic by postal mail to: Atlantic Recording Corporation, 1290 Avenue of the Americas, 28th Floor, New York, NY 10104 Attn: Executive Vice President Business & Legal Affairs.  Notices must meet the then-current statutory requirements imposed by the DMCA.  We suggest that you consult your legal advisor before filing a DMCA notice, or any DMCA counter-notice.  Also, please be aware that there are penalties for false claims under the DMCA.
4.  YOUR USE OF THE SITE.  You agree to comply with all applicable laws, rules, and regulations in your use of the Site, and not to use the Site for any purpose that is fraudulent, unlawful, or prohibited by this agreement.  You agree not to use the Site in any manner that could damage, disable, overburden, or impair the Site, any service, content, feature or product offered through the Site, or the hardware, software or other networking infrastructure that enables the Site, nor shall you interfere or attempt to interfere with any other party's use or enjoyment of the Site.  You shall not attempt (or authorize, encourage or support others' attempts) to gain unauthorized access to the Site, or any computer systems, networks, or equipment through which the Site is provided; to collect information concerning other users of the Site; or to circumvent, reverse engineer, decompile, disassemble, decrypt, break, modify, adapt, translate, or otherwise alter or interfere with the Site.
You agree not to post, transmit, or otherwise make available, through or in connection with the Site:  anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right; any material that would give rise to criminal or civil liability, that encourages conduct that constitutes a criminal offense, or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking"; any virus, worm, Trojan Horse, easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment ("Harmful Components"); any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation; or any material, non-public information about a company without the proper authorization to do so
You agree not to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site; to impersonate any person or entity, including without limitation any representative of Atlantic or an Affiliated Entity; to falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or to express or imply that we endorse any statement you make.
You agree not to remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site; frame or mirror any part of the Site; create a database by systematically downloading and storing Site content; or use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site.
Additionally, you acknowledge and agree that you (and not Atlantic) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Site, and paying all charges related thereto.
5.  PRIVACY NOTICE.  Please read the Privacy Notice posted on this Site at http://www.flashenhanced.com/buckcherry/ (the "Privacy Notice"), which is incorporated herein by reference.  By using the Site, you agree to be legally bound by the Privacy Notice, which governs our collection and use of personally identifiable information you submit to us through the Site.
6.  PROMOTIONS.  In addition to the terms and conditions of this Agreement, any sweepstakes, contests, raffles or similar promotions (collectively, "Promotions") made available through the Site will be governed by specific rules that are separate from this agreement.  By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions of this agreement, and you acknowledge that to the extent that the terms and conditions of such rules conflict with this Agreement, the terms and conditions of such rules shall control.  Atlantic urges you to read the rules applicable to any Promotion, which will be linked from such Promotion.
7.  TERMINATION.  Atlantic reserves the right, in its sole discretion, to terminate your access to or use of the Site, at any time and for any reason, including without limitation if Atlantic believes that you have violated or acted inconsistently with the letter or spirit of this agreement or any other Atlantic rules, policies, terms or conditions.  Upon any such termination, your right to use the Site will immediately cease.  You agree that any termination of your access to or use of the Site may be effected without prior notice, and that Atlantic may immediately deactivate or delete any user name and/or password used by or provided to you, and all related information and files associated therewith, and/or bar some or all access to such information or files.  You agree that neither Atlantic nor any Affiliated Entity shall be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
8.  LINKS AND LINKED SITES.  The Site may contain links to third party websites ("Linked Sites"), including online stores.  Such Linked Sites may or may not be under the control of Atlantic.  Unless otherwise expressly stated by Atlantic on a Linked Site, Atlantic and the Affiliated Entities are not responsible for the availability of such Linked Site and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available through such Linked Site.  You are responsible for viewing and abiding by the privacy statements and any terms of use posted at any Linked Site.  You acknowledge and agree that you are solely responsible for (and that Atlantic and the Affiliated Entities are not responsible for) any dealings with third parties on a Linked Site (including a website operated by an advertiser, sponsor, or provider of a Promotion on this Site), including the delivery of, and the payment for, goods and services, and any other terms, conditions, warranties or representations associated with such dealings. 
Other web sites may provide links to the Site with or without our authorization.  You acknowledge and agree that Atlantic does not endorse such sites, and is not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
Atlantic shall have the right, at any time and in its sole discretion, to block links to the Site through technological or other means without prior notice.
9.  RESPONSIBILITY AND RISK.  You assume total responsibility and risk for your use of the Site.
10.  DISCLAIMERS OF WARRANTIES.  ATLANTIC AND THE AFFILIATED ENTITIES DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE SITE, ANY SERVICES OR MATERIALS CONTAINED ON OR PROVIDED THROUGH THE SITE, OR MERCHANTS, INFORMATION OR PRODUCTS ADVERTISED OR OFFERED VIA THE SITE.  ATLANTIC AND THE AFFILIATED ENTITIES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE OR ANY LINKED SITES WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR ANY LINKED SITES OR THE SERVERS FROM WHICH THEY ARE MADE AVAILABLE WILL BE FREE OF HARMFUL COMPONENTS (AS DEFINED ABOVE).  ATLANTIC AND THE AFFILIATED ENTITIES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES, MATERIALS AND RELATED GRAPHICS CONTAINED ON OR PROVIDED THROUGH THE SITE.  THE SITE AND ALL SERVICES AND MATERIALS CONTAINED ON OR PROVIDED THROUGH THE SITE ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.  ATLANTIC AND THE AFFILIATED ENTITIES HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES WITH REGARD TO THE SITE AND ANY SERVICES AND MATERIALS CONTAINED ON OR PROVIDED THROUGH THE SITE (INCLUDING WITHOUT LIMITATION ANY INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS), INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT.  YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY SERVICES AND MATERIALS CONTAINED ON OR PROVIDED THROUGH THE SITE.
While we try to maintain the integrity and security of the Site and the servers from which the Site is operated, the Site may include inaccuracies, errors and materials that violate or conflict with this agreement.  Additionally, third parties may make unauthorized alterations to the Site.  If you become aware of any unauthorized third party alteration to the Site, contact us at BuckcherryHomeVids@yahoo.com with a description of the material(s) at issue and the URL or location on the Site where such material(s) appear.
11.  DAMAGES.  IN NO EVENT SHALL ATLANTIC OR ANY AFFILIATED ENTITY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE, THE USE OR PERFORMANCE OF THE SITE, ANY DELAY IN USING OR INABILITY TO USE THE SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES OR MATERIALS, OR ANY INFORMATION, PRODUCTS, SERVICES, MATERIALS OR RELATED GRAPHICS OBTAINED THROUGH THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ATLANTIC OR ANY OF ITS AFFILIATED ENTITIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOU SPECIFICALLY AGREE THAT ATLANTIC SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED.  YOU SPECIFICALLY AGREE THAT ATLANTIC IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY, OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.  IF YOU ARE DISSATISFIED WITH THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.  THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO ATLANTIC FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION RELATED TO THE SITE OR YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SITE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS AND USE THE SITE.
12.  INDEMNITY.  You agree to indemnify and hold harmless Atlantic and the Affiliated Entities, and their respective officers, directors, employees, agents, representatives, vendors, suppliers, and third party service providers from and against any and all claims, actions, demands, causes of action and other proceedings arising from or concerning (a) your use of or activities in connection with the Site; (b) any violation of this agreement by you; or (c) any allegation that any materials that you make available through the Site infringe or otherwise violate the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party (collectively, "Claims"); and you agree to reimburse Atlantic and the Affiliated Entities, and their respective officers, directors, employees, agents, representatives, vendors, suppliers, and third party service providers, on demand for any damages, losses, costs, judgments, fees, fines and other expenses they incur (including attorneys' fees and court costs) as a result of any Claim(s).
13.  GOVERNING LAW.  This agreement is entered into in the State of New York and shall be governed by, and construed in accordance with, the laws of the State of New York, exclusive of its choice of law rules.  You agree to submit to the exclusive jurisdiction of any state or federal court located in the County of New York, New York, and you waive any jurisdictional, venue or inconvenient forum objections to such courts.
14.  MISCELLANEOUS.  If any provision of this agreement is found to 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 agreement, together with any policies or agreements referred to herein (including without limitation the Privacy Notice), is the entire agreement between us relating to the subject matter hereof and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter.  You may not assign, transfer or sublicense any or all of your rights or obligations under this agreement without our express prior written consent.  Atlantic may assign, transfer, or sublicense any or all of its rights or obligations under this Agreement in its sole discretion.  No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.  Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.  Notices to you may be made via posting to the Site, by email, or by regular mail, in Atlantic's discretion.  The Site may also provide notices of changes to this agreement or other matters by displaying such notices or by providing links to such notices.  Without limitation, you agree that a printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
15.  JURISDICTION; VOID WHERE PROHIBITED.  The Site is operated on behalf of Atlantic from the United States, and is not intended to subject Atlantic or any Affiliated Entity to the laws or jurisdiction of any state, country or territory other than that of the United States.  Although this Site is accessible worldwide, not all products or services discussed or referenced on this Site are available to all persons or in all geographical locations, and Atlantic does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction.  Atlantic reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area if it so desires.  Any offer for any product or service made in this Site is void where prohibited.  If any material on this Site, or your use of the Site, is contrary to the laws of the location from which you access the Site, the Site is not intended for you and you may not use the Site.  Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations.
16.  INFORMATION OR COMPLAINTS.  Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to BuckcherryHomeVids@Yahoo.com.  You may also contact us by writing to Atlantic Recording Corporation, 1290 Avenue of the America, 28th Floor, New York, NY 10104, ATTN: New Media Dept, or by calling us at 212-707-2000.  California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
17.  FILTERING.  Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.  Information identifying current providers of such protections is available at:
http://dir.yahoo.com/Business_and_Economy/Shopping_and_Services/Communication_and_Information_Management/
Internet_and_World_Wide_Web/Software/Blocking_and_Filtering/. 
Please note that Atlantic does not endorse any of the products or services listed at such site.
This agreement ©2007 Atlantic Recording Corporation. All rights reserved.