Terms of Use

Use of the Rigel 7 Website

Except as set forth in "Other agreements - products, services or access", below, Rigel 7 authorizes you to use the Rigel 7 Website only for your own personal, non-commercial purposes. Use of the Rigel 7 Website for any public or commercial purpose (including, without limitation, on another site or through a networked computer environment) is strictly prohibited. If you make copies of any of the Materials, you must retain on any such copies all copyright and other proprietary notices contained in the original Materials. You may not modify, publicly display, publicly perform, or distribute the Materials. As between you and Rigel 7, Rigel 7 owns the Rigel 7 Website. The Rigel 7 Website is protected under United States and international copyright laws. Any unauthorized use of the Rigel 7 Website may violate copyright, trademark, and other laws.

Access

You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Rigel 7 Website and for paying all charges related thereto. When you register to open an account anywhere on the Rigel 7 Website, or when you contact Rigel 7 through the Rigel 7 Website for the purpose of receiving products or services, Rigel 7 may collect certain personal information about you. Rigel 7's use of such information is governed by the provisions of the Rigel 7 Privacy Policy for the Site. You agree to provide true, accurate, current, and complete information (and, for as long as you continue to use your Rigel 7 Website account, to update such information to keep it true, accurate, current, and complete). You are responsible for maintaining the confidentiality of your Rigel 7 Website password and you are solely responsible for all activities that occur under your password. You agree to notify Rigel 7 immediately of any unauthorized use of your password or any other breach of security related to the Rigel 7 Website. Rigel 7 reserves the right to require you to change your password if Rigel 7 believes that your password no longer is secure. Access to the Rigel 7 Website granted under other separately executed agreements by Rigel 7 and You shall supersede the terms contained in this Section.

Prohibited Uses

You agree not to use the Rigel 7 Website (including, without limitation, any Materials or Services you may obtain through your use of the Rigel 7 Website): (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a "Law"); (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the Rigel 7 Website or servers or networks connected to the Rigel 7 Website. You further agree not to (e) use any data mining, robots, or similar data gathering or extraction methods in connection with the Rigel 7 Website; or (f) attempt to gain unauthorized access to any portion of the Rigel 7 Website or any other accounts, computer systems, or networks connected to the Rigel 7 Website, whether through hacking, password mining, or any other means.

Termination

Except as set forth in "Other agreements; software, services or access", below, Rigel 7 may terminate, suspend, or modify your registration with, or access to, all or part of the Rigel 7 Website, without notice, at any time and for any reason. You may discontinue your participation in and access to the Rigel 7 Website at any time. If you breach any of these Terms, your authorization to use the Rigel 7 Website automatically terminates and you must immediately destroy any downloaded or printed Materials (and any copies thereof).

Disclaimers

The Rigel 7 Website is provided "As Is" and "With All Faults" and the entire risk as to the quality and performance of the Rigel 7 Website is with you. Should the materials or services prove defective, you, and not Rigel 7, assume the entire cost of all necessary servicing and repair. Rigel 7 expressly disclaims all warranties of any kind, whether experess or implied, or statutory, with respect to the Rigel 7 Website (including, but not limited to, any implied or statutory warranties of merchantability, fitness for a particular use or purpose, title, and non-infringement of intellectual property rights). Without limiting the generality of the foregoing, Rigel 7 makes no warranty that the Rigel 7 Website will meet your requirements or that the Rigel 7 Website will be uninterrupted, timely, secure, or error free or that defects in the Rigel 7 Website will be corrected. Rigel 7 makes no warranty as to the results that may be obtained from the use of the Rigel 7 Website or as to the accuracy or reliability of any information obtained through the Rigel 7 Website. No advice or information, whether oral or written, obtained by you through the Rigel 7 Website or from Rigel 7, its parents, subsidiaries, or other affiliated companies, or its or their suppliers (or the respective officers, directors, employees, or agents of any such entities) (collectively, "The Rigel 7 Parties") shall create any warranty. Rigel 7 disclaims all equitable indemnities.

Limitation of Liability

In no event will any of the Rigel 7 Parties be liable for (a) any indirect, special, consequential, punitive, or exemplary damages or (b) any damages whatsoever in excess of one hundred United States (US$100.00) dollars (including, without limitation, those resulting from loss of revenues, lost profits, loss of goodwill, loss of use, business interruption, or other intangible losses), arising out of or in connection with the Rigel 7 Website (including, without limitation, use, inability to use, or the results of use of the Rigel 7 Website), whether such damages are based on warranty, contract, tort, statute, or any other legal theory and even if any Rigel 7 Party has been advised (or should have known) of the possibility of such damages.

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any Rigel 7 Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Rigel 7 Party's liability shall be the minimum permitted under such applicable law.

Other Agreements - products, services or access

Rigel 7 may provide products (such as downloadable audio recordings, music CDs or apparel), services (such as songwriting, composing, audio recording, mixing or artistic collaboration) or access to the Rigel 7 Website under the terms of a separate agreement between you and Rigel 7 (each, an "Other Agreement"). Rigel 7's obligations with respect to any product, service, or access that it makes available to you under any Other Agreement shall be governed solely by the Other Agreement under which such product or service is provided and these Terms shall not be deemed or construed to alter the terms of such Other Agreements.

For example, the use of any audio recording that is made available to download from the Rigel 7 Website ("Music") is governed by the terms of the license agreement, if any, which accompanies, is included with or is referenced by the Music ("License"). You may not use any Music that is accompanied by, includes or references a License unless you first have agreed to the License terms. If no License accompanies, is included with or is referenced by the Music, then such Music shall be deemed to be Materials hereunder and these Terms shall govern your use of such Music. Further reproduction or redistribution of any music is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the License Agreement accompanying, included with or referenced by such Music.

Modifications to Rigel 7 Website

Rigel 7 reserves the right to modify, suspend, or discontinue the Rigel 7 Website at any time without notice to you. For example, Rigel 7 may make changes to the Materials and/or Services, or to the products and prices described in them, at any time without notice. The Materials and Services may be out of date and Rigel 7 makes no commitment to update the Materials and Services whatsoever.

User Submissions

Certain areas of the Rigel 7 Website (e.g., audio blogs or graffiti wall) may permit you to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a "User Submission"). By submitting a User Submission, you grant to Rigel 7 an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sublicensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that Rigel 7 deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service). Rigel 7 reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. Rigel 7 may, but is not obligated to, pre-screen User Submissions or monitor any area of the Rigel 7 Website through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. Rigel 7 is not required to host, display, or distribute any User Submissions on or through the Rigel 7 Website and may remove at any time or refuse any User Submissions for any reason. Rigel 7 is not responsible for any loss, theft, or damage of any kind to any User Submissions. Rigel 7 does not want to receive any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that Rigel 7 will be free to disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient. Rigel 7 does not guarantee that you will have any recourse through Rigel 7 or any third party to edit or delete any User Submission you have submitted.

By submitting any User Submission, you represent and warrant that:

1. you are at least 13 years old;
2. you own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to Rigel 7 the rights in your User Submissions described herein;
3. you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
4. you are the individual pictured and/or heard in your User Submissions or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your User Submissions to grant the rights to Rigel 7 described herein;
5. your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
6. you voluntarily agree to waive all "moral rights" that you may have in your User Submission;
7. any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
8. your User Submission does not violate any Law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
9. your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;
10. you were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
11. your User Submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own);
12. your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
13. your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
14. your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

Links to Third-Party Websites

Links on the Rigel 7 Website to third-party websites are provided solely as a convenience to you. If you use these links, you will leave the Rigel 7 Website. Rigel 7 is not obligated to review such third-party websites, does not control such third-party websites, and is not responsible for any such third-party websites (or the products, services, or content available through the same). Thus, Rigel 7 does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the Rigel 7 Website, you do this entirely at your own risk.

Linking to the Rigel 7 Website

You may create links to this Site from other websites, but only in accordance with the following terms and in compliance with all applicable laws.

Absent Rigel 7's written authorization otherwise, a website that links to this Site:

1. may link to, but shall not replicate, any Materials (including any Rigel 7 logo);
2. shall not create a browser or border environment around any Materials;
3. shall not imply that Rigel 7 endorses such website or any products, services, or content available through such website;
4. shall not misrepresent its relationship with Rigel 7; and
5. shall not present false or misleading information about Rigel 7, its products, or its services.

Trademarks

Rigel 7 and any other product or service name or slogan or logo contained in the Rigel 7 Website are trademarks of Rigel 7 and its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Rigel 7 or the applicable trademark holder. Ownership of all such trademarks and the goodwill associated therewith remains with Rigel 7 or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing any name, trademark, or product or service name of Rigel 7 without Rigel 7's prior written permission. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) is the service mark, trademark, and/or trade dress of Rigel 7 and may not be copied, imitated, or used (in whole or in part) without Rigel 7's prior written permission. Reference to any products, services, processes, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Rigel 7.

Procedure for Making Claims of Infringement

Rigel 7 respects the intellectual property rights of others. Accordingly, Rigel 7 has a policy of removing User Submissions that violate copyright law, suspending access to the Rigel 7 Website (or any portion thereof) to any user who uses the Rigel 7 Website in violation of copyright law and/or terminating in appropriate circumstances the account of any user who uses the Rigel 7 Website in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, Rigel 7 has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of the Rigel 7 Website, please provide written notice to the following Rigel 7 agent for notice of claims of infringement:

Attn: Intellectual Property Agent
Resort Records Inc.
572 Rockrose Court
Incline Village, NV 89451-8300
United States of America
Tel: 775-832-3766
Fax: 775-832-8107
Web: http://rigel7.com/contact/

Your written notice must:

1. contain your physical or electronic signature;
2. identify the copyrighted work or other intellectual property alleged to have been infringed;
3. identify the allegedly infringing material in a sufficiently precise manner to allow Rigel 7 to locate that material;
4. contain adequate information by which Rigel 7 can contact you (including postal address, telephone number, and e-mail address);
5. contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;
6. contain a statement that the information in the written notice is accurate; and
7. contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.

International and Export Issues

Rigel 7 administers this Site from its offices in Incline Village, Nevada. Rigel 7 makes no representation that the Rigel 7 Website is appropriate or available for use outside the United States and access to the Rigel 7 Website from territories where its contents are illegal or restricted is prohibited. If you choose to access the Rigel 7 Website from outside the United States, you do so on your own initiative and are responsible for compliance with applicable Laws. You agree to comply with all export and re-export restrictions and regulations of the Department of Commerce and any other United States or foreign agencies and authorities in connection with your use of the Rigel 7 Website and to not, in violation of any Laws, transfer, or authorize the transfer, of any Materials to a prohibited country or otherwise in violation of any Laws. In particular, but without limitation, the Materials may not, in violation of any Laws, be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using any Materials subject to any such restrictions and regulations, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Indemnification

You agree to indemnify, defend, and hold harmless the Rigel 7 Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation of these Terms. Rigel 7 reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Rigel 7's defense of such claim.

Electronic Communications

When you visit the Site or send e-mails to Rigel 7, you are communicating with Rigel 7 electronically. We may respond to you by e-mail or by posting notices on the Site. You agree that all such notices, disclosures, and other communications that Rigel 7 provides to you electronically satisfy any legal requirement that such communications be in writing.

General

These Terms, together with any additional terms to which you agree when using particular elements of the Rigel 7 Websites, constitute the entire and exclusive and final statement of the agreement between you and Rigel 7 with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and Rigel 7 with respect to such subject matter. The Rigel 7 Parties are third-party beneficiaries with respect to the provisions in these Terms that reference them. These Terms and the relationship between you and Rigel 7 shall be governed by the laws of the State of Nevada as applied to agreements made, entered into, and performed entirely in Nevada by Nevada residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Rigel 7 Website shall be brought in the Federal or State courts located in Washoe County, Nevada, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of Rigel 7 to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Rigel 7 and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the Rigel 7 Website. These Terms will be interpreted without application of any strict construction in favor of or against you or Rigel 7. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Rigel 7 without restriction.

Modifications to These Terms

Rigel 7 may, in its sole and absolute discretion, change these Terms from time to time without giving you prior notice. If you object to any such changes, your sole recourse shall be to cease using the Rigel 7 Website. Continued use of the Rigel 7 Website following any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the Rigel 7 Website and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Terms and to supersede the provision(s) of these Terms that are designated as being superseded.