Terms Of Use

Terms of Use

Since the Al Bell Presents website is designed to bring you the best music and video on the Internet, it’s important to highlight some Terms of Use, as well as a Privacy Policy that protects you and the people whose content is presented. We’re not going to use a lot of legal language and words like “thereto” and whereas”; what we do want to do is explain – in plain English – what’s most important about this website, and how you use it.

Terms:

  • You’ll find a lot of music on this website, including the streams from online radio channel(s), the downloads that we’ve made available to you, and the CD and DVD packages that you can purchase. We’re doing this for your own personal enjoyment, not so you can rip it off or make illegal copies. Your use of this site acknowledges that you will respect the intellectual property rights of others and enjoy this music in the legal way that is intended.
  • You are free to embed this website, or any “widgets” associated with it, on your own website or Facebook or MySpace page. All we ask is that you let us know how and where you are using it, just so we can check in from time to time. Tpo do this, please send us an email.
  • We encourage you to listen to the online radio channels as much as you like, and to tell your friends about it. We also encourage you to play it in your office, restaurant, bar, store, or other place of business. Music is for everyone to enjoy, as long as we all do it legally.

AL BELL PRESENTS
TERMS OF USE
(EFFECTIVE AS OF NOVEMBER 1, 2008)

PLEASE READ CAREFULLY
Should you have any questions concerning this Agreement or need technical support, you may contact Al Bell Presents support by visiting http://www.albellpresents.com/support/.

This Al Bell Presents Terms of Use Agreement (“Agreement”) is a legal agreement between you and Al Bell Presents providing, among other things, the terms and conditions for your use of Al Bell Presents website and online radio channel(s) (collectively, the “Al Bell Presents Services”), including but not limited to delivery via our website [http://www.albellpresents.com] (the website”), a mobile device, or otherwise.

We may from time to time modify these terms of use and will post a copy of the amended Agreement at http://www.albellpresents.com. If you do not agree to, or cannot comply with, the Agreement as amended, you must stop using the Al Bell Presents Services (as defined below). You will be deemed to have accepted the Agreement as amended if you continue to use any of the Al Bell Presents Services after any amendments are posted on the Site.

PARENTAL ADVISORY. WHILE WE MAKE EVERY EFFORT TO PRESENT OUR SERVICES IN A WAY THAT IS ACCEPTABLE TO AS WIDE AN AUDIENCE AS POSSIBLE, SOME MUSIC AND VIDEO CONTENT IS NOT DESIGNED TO BE LISTENED TO, OR VIEWED BY, CHILDREN UNDER THE AGE OF 13. WE DO NOT INTENTIONALLY COLLECT PERSONAL INFORMATION FROM CHILDREN ON OUR SITE. BECAUSE THE AL BELL PRESENTS SERVICES MAY PROVIDE ACCESS TO MUSIC THAT CONTAINS EXPLICIT CONTENT INCLUDING STRONG LANGUAGE OR DEPICTIONS OF VIOLENCE, SEX OR SUBSTANCE ABUSE, PARENTAL DISCRETION IS ADVISED FOR ALL USERS AGES 13 TO 17.

THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS.

BY USING OR SUBSCRIBING TO THE AL BELL PRESENTS SERVICES, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IN ORDER FOR YOU TO HAVE ACCESS TO THE AL BELL PRESENTS SERVICES, THIS AGREEMENT MUST BE ACCEPTED BY YOU WITHOUT ANY MODIFICATIONS, ADDITIONS, OR DELETIONS. IF YOU DO NOT AGREE TO THE TERMS OF USE CONTAINED IN THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE AL BELL PRESENTS SERVICES. YOU MAY BE DENIED ACCESS TO THE AL BELL PRESENTS SERVICES, WITH OR WITHOUT PRIOR NOTICE TO YOU, FOR NONCOMPLIANCE WITH ANY PROVISION OF THIS AGREEMENT.

1. AUTHORIZED USERS
1.1 Registration. To use any aspect of the Al Bell Presents Services, you may be required to register and provide certain information, including a member or user name, a password and a valid email address (the “Account Information”). You agree to provide accurate Account Information and to update your Account Information as necessary to keep it accurate. Al Bell Presents will use your Account Information in accordance with its privacy policy [www.Al Bell Presents.com/privacy]. By providing Al Bell Presents your email address, you consent to our using the email address to send you Service-related notices, including among other things notices required by law, in lieu of postal mail. You may not opt out of Service-related e-mails. We may also use your email address, or for subscribers to mobile Services, your mobile telephone number, to send you other messages, including information about Al Bell Presents and special offers. You may opt out of such email by changing your account settings or sending an email to support@Al Bell Presents.com. You may opt out of mobile text messages by sending an email to support@Al Bell Presents.com.

Opting out may prevent you from receiving messages regarding Al Bell Presents or special offers.

1.2 Account Confidentiality. You agree that you will not allow others to use any aspect of your Account Information. You have responsibility for taking steps to maintain the confidentiality and security of your account. You agree to notify us immediately of any unauthorized use of your password and/or account. Al Bell Presents will not be responsible for any losses arising out of the unauthorized use of your member name, password and/or account and you agree to indemnify and hold harmless Al Bell Presents, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same.

1.3 Security. To prevent unauthorized access, to maintain data accuracy, and to ensure the appropriate use of Account Information, Al Bell Presents uses appropriate physical, technical and administrative procedures to safeguard the information we collect.
We use Secure Sockets Layer (SSL) encryption when collecting or transferring sensitive data such as credit card information. SSL encryption is designed to make the information unreadable by anyone but us.

Credit card numbers are used only for processing payments and are not used for other purposes.

2. LICENSE TO AL BELL PRESENTS SERVICES
2.1 License Granted. Al Bell Presents grants to you a limited, non-exclusive, non-transferable license to access and use the Al Bell Presents Services. Al Bell Presents reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THE Al Bell Presents SERVICES NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.

2.2 Updates. Al Bell Presents may from time to time make available to all users of the Al Bell Presents Services, updates at no cost or subject to additional fees in Al Bell Presents’s sole discretion. “Updates” means any updates, upgrades or error corrections to the Al Bell Presents Services that Al Bell Presents makes available generally to users of the Al Bell Presents Services. Notwithstanding anything else contained in this Agreement, Al Bell Presents will have no obligation to continue producing or releasing new versions of the Al Bell Presents Services or any updates thereto.

3. RESTRICTIONS
You agree that you will not:
3.1 use the Al Bell Presents Services to reproduce copyrighted materials;
3.2 copy, store, edit, change, prepare any derivative work of or alter in any way any of the tracks streamed through the Al Bell Presents Services;
3.3 make the Al Bell Presents Services available over a network (other than Al Bell Presents’s network) where it could be used by others, without express written approval, except that you may embed the Al Bell Presents online radio channel(s) within recognized social networking pages such as Facebook or MySpace;
3.4 provide your password to any other person;
3.5 translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Al Bell Presents Services or any portion of them;
3.6 circumvent any technology used by Al Bell Presents or its licensors to protect content accessible via the Al Bell Presents Services;
3.7 rent, lease or sublicense any of the Al Bell Presents Services; or
3.8 use the Al Bell Presents Services in any way that violates the terms of this Agreement.

4. COPYRIGHTS
As between you and Al Bell Presents, you acknowledge that Al Bell Presents owns or has a license to all title and copyrights in and to the Al Bell Presents Services. All title and intellectual property rights in and to the licensed content in the Al Bell Presents Services is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.

5. AL BELL PRESENTS TRADEMARKS AND THIRD-PARTY TRADEMARKS
The following are registered trademarks or trademarks of Al Bell Presents: Al Bell Presents, and its design logo, as well as certain other Al Bell Presents trademarks, service marks, graphics, and logos (collectively, the “Al Bell Presents Trademarks”) used in connection with the Al Bell Presents Services. The Al Bell Presents Services may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to Al Bell Presents Trademarks or the trademarks of any third party.

6. SECURITY
The Al Bell Presents Services use technology to protect the digital information provided by Al Bell Presents from unauthorized use. Your use of the Al Bell Presents Services may be limited by such technology. You acknowledge that, from time to time, Al Bell Presents may modify or discontinue using such technology. Security modifications made by Al Bell Presents may from time to time include required updates to the Al Bell Presents Services. IF YOU ATTEMPT TO VIOLATE OR CIRCUMVENT ANY SYSTEM OR NETWORK SECURITY COMPONENTS OR TECHNOLOGY, YOU MAY BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY.

7. PRIVACY POLICY
Al Bell Presents cares about your privacy. It is important that you read and understand the terms of Al Bell Presents’ Privacy Policy. Al Bell Presents may cooperate with and disclose information (including your Account Information) to any authority, government official or third-party, without giving any notice to you, in connection with any investigation, proceeding or claim arising from an asserted illegal action or infringement due to your use of the Al Bell Presents Services.

8. AGREEMENT TO PAY
If you purchase anything through any Al Bell Presents Services, you agree to pay all fees and charges associated with your purchase on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged on your credit card. You will maintain valid credit card information in your Account Information.

9. TERM
This Agreement will remain effective until terminated by you or terminated by us.

10. DISCLAIMERS
10.1 THE AL BELL PRESENTS SERVICES (INCLUDING ANY SOFTWARE CONTAINED THEREIN) AND ANY UPGRADES OR PLUG-INS AND ANY LICENSED CONTENT ARE TO BE USED BY YOU “AS IS.” ANY USE OF THE AL BELL PRESENTS SERVICES WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AL BELL PRESENTS DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. AL BELL PRESENTS MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE AL BELL PRESENTS SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND AL BELL PRESENTS DISCLAIMS ANY LIABILITY RELATING THERETO.
10.2 Al Bell Presents MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT USE OR RESULTS OF THE USE OF THE AL BELL PRESENTS SERVICES WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, AL BELL PRESENTS MAY MODIFY, SUSPEND, OR DISCONTINUE THE AL BELL PRESENTS SERVICES (INCLUDING ANY CONTENT) OR YOUR USE OF THEM. WHENEVER AL BELL PRESENTS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE AL BELL PRESENTS SERVICES, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.
10.3 YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO US IS AT YOUR OWN RISK. AL BELL PRESENTS DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
10.4 YOU UNDERSTAND THAT YOU MAY ENCOUNTER OFFENSIVE, INDECENT OR OTHER OBJECTIONABLE CONTENT WHEN USING THE AL BELL PRESENTS SERVICES. AL BELL PRESENTS WILL HAVE NO LIABILITY TO YOU FOR ANY SUCH CONTENT.
10.5 SOME OF THE CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE AL BELL PRESENTS SERVICES MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT AL BELL PRESENTS ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS OR SERVICES.

11. LIMITATION OF LIABILITY
11.1 IN NO EVENT WILL AL BELL PRESENTS BE LIABLE TO YOU FOR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) EVEN IF AL BELL PRESENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AL BELL PRESENTS OR OTHERS WILL CREATE A WARRANTY AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH INFORMATION OR ADVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.
11.2 AL BELL PRESENTS’ ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT WILL BE LIMITED TO THE GREATER OF ONE DOLLAR (US $1.00) OR THE TOTAL AMOUNT PAID BY YOU FOR THE APPLICABLE AL BELL PRESENTS SERVICES AT ISSUE.

12. INDEMNITY
YOU WILL INDEMNIFY AND HOLD AL BELL PRESENTS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY SUITS OR CLAIMS ARISING OUT OF (I) YOUR BREACH OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHT OR INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; OR (II) YOUR USE OF THE AL BELL PRESENTS SERVICES.

13. GENERAL INFORMATION
13.1 You will be responsible for providing the DSL, cable modem and any other hardware and software necessary to use the Al Bell Presents Services.
13.2 Al Bell Presents or its business partners may present advertisements or promotional materials via the Al Bell Presents Services. Your dealings with, or participation in promotions of any third-party advertisers via the Al Bell Presents Services, are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that Al Bell Presents is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties via the Al Bell Presents Services.
13.3 The Al Bell Presents Services may present links to third-party websites or third-party services not owned or operated by us. We are not responsible for the availability of these third-party sites or services or their contents. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any content of any such third-party site or services or goods or services available through any such third-party site or service.
13.4 The Al Bell Presents Services are owned or licensed by Al Bell Presents and are protected by United States copyright laws and international treaty provisions. You will not sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void.
13.5 This Agreement will be governed by the laws of the Arkansas. The exclusive jurisdiction for any claim, action or dispute with Al Bell Presents or relating in any way to your use of the Al Bell Presents Services will be in the state and federal courts of the State of Arkansas and the venue for the adjudication or disposition of any such claim, action or dispute will be in the state of Arkansas.
13.6 Should you have any questions concerning this Agreement or need technical support, you may contact Al Bell Presents support by visiting http://www.Al Bell Presents.com/support/.
13.7 Al Bell Presents may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email, mobile text message, written or hard copy notice, or through conspicuous posting of such notice on Site, as determined by Al Bell Presents in its sole discretion. Al Bell Presents reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Agreement.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.