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Welcome to the website of [Gi Step Records, Inc.] ("Giant Step", "us" or "we"). Your use of this website
(the "Site") is subject to the following terms of use ("Terms of Use") which applies to all information,
advertising and services provided by the Site.
By accessing, browsing, or otherwise using the Site, you agree that you have fully understood and agree to be bound by
the Terms of Use and to comply with all applicable laws and regulations as they may exist from time to time and be
applicable to the Site and its operation. You also agree to the privacy conditions and policies of the Site (the
"Privacy Policy"), which are part of these Terms of Use. In the event
that you do not agree to be bound by the Terms of Use, you may not access or otherwise use the Site. You must
be 13 years or older to access this Site. If you are under 13 years of age, you must discontinue using this Site.
In addition to any other rights, Giant Step may in its sole and absolute discretion and without further notice to you,
terminate the right of any user to use in any fashion or participate in any way on the Site.
Giant Step may amend, change or modify these Terms of Use, at its sole discretion, at any time by posting the amended
terms on the Site. The amended terms shall be effective automatically upon being posted on the Site. Your continued
use of any of the Site following the posting of any changes will be deemed your agreement to the amended terms and
conditions.
Upon acceptance by you of these Terms of Use, as they may exist from time to time, you shall be granted a
non-exclusive, non-transferable and a limited right to access, use and display the Site and the materials thereon
provided you continue to comply with our Terms of Use.
You agree that you will not in any way interfere with the operation of the Site, so as to cause actual or perceived
damage to us. You agree therefore not to interfere by way of spamming, hacking, up-loading any viruses or time-bombs
or in any other fashion interfere with any transaction made through the Site, the operation of the Site by us or the
availability of the Site to any individual who wishes to access any part of the Site. You may not take any action that
imposes an unreasonable or disproportionately large load on our infrastructure. You may not use any "robot", "spider",
"deep-link" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process,
to access, acquire, copy or monitor any portion of the Site or any Content (as defined below). In the event of any
such interference or perceived interference, as we may determine in our sole discretion, we shall have the right to
terminate your right to use the Site and to use all legal actions available to us against you. Giant Step reserves the
right to electronically monitor areas of the Site and may disclose any content, records, or electronic communication of
any kind: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or
appropriate to operate the Site; or (iii) to protect the rights or property of Giant Step or its third-party partners,
sponsors or advertisers, service providers, licensors or any other user of the Site.
You must be 13 years or older to access this Site. You must be legally able to make binding contracts under applicable
law. Without limiting the foregoing, our services are not available to minors or to any other person or entity
otherwise restricted under applicable law, regulation, treaty or convention. If you do not qualify, please do not use
the Site. We may refuse our services to anyone or limit your use of any or all of the Site, at any time, in our sole
discretion.
You acknowledge that the Site contains information, visual interfaces, data, software, photographs, graphs, videos,
typefaces, graphics, music, sounds, artwork and other material, and all copyrightable or otherwise legally protectible
elements of the Site including the design, structure, selection, "look and feel" and arrangement of such content,
(collectively "Content"), that is either owned, controlled or licensed by Giant Step and that all Content on the
Site is protected by copyrights, trademarks, trade dress or other proprietary rights, and that these rights are valid
and protected in all forms, media and technologies existing now or hereinafter developed.
All Content is copyrighted by Giant Step or its affiliates as a collective work under the U.S. copyright laws, and
Giant Step or its affiliates own a copyright in the selection, coordination, arrangement, and enhancement of such
Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale
of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific
restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made
only for your personal, non-commercial use and that you maintain any notices contained in the Content, such as all
copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding
sentence or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you
may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right,
without obtaining permission of the owner of the copyright or other propriety right.
We recognize and respect the importance of maintaining the privacy of our users and have established the Privacy Policy
as a result. In our Privacy Policy we describe why we gather customer and member information, what information we
collect, how we collect it, what we use the information for and how you can instruct us if you prefer to limit the use
of that information. We encourage you to carefully read our Privacy Policy.
Giant Step reserves the right to electronically monitor its Chat Rooms and Message Boards, use filtering software, and
remove any material it finds inappropriate or objectionable. In addition, Giant Step may investigate any complaints
about users who are improperly using its services to harass or annoy others or gather personal information and
terminate the right of such user to use in any fashion or participate in any way on the Site. If you encounter any
problems with other users, please notify us at http://www.giantstep.net.
You should not disclose personal information (e.g., name, phone number, address, e-mail address) in the Chat Room or
Message Board. You should be aware that when they voluntarily disclose personal information on the message boards or
in the chat rooms, that information can be collected and used by others and may result in unsolicited messages from
others.
You warrant and represent to us, which representation we rely upon, that you will not up-load, post or transmit to a
distributor or otherwise permit or publish through the Site any information and materials which may inhibit the
utilization and use of the Site, which may be unlawful, abusive, libelous, defamatory, obscene, pornographic, indecent
or sexually explicit in accordance with the relevant laws or which would constitute a criminal offence or give rise to
civil liability, to use or violate any intellectual property rights of other parties, violate personal or privacy
rights of third parties or provide us with any false or misleading information about you.
Certain services offered on or through the Site may require you to open an account. You are responsible for
maintaining the confidentiality of any account information (including any password) you are given to access the Site,
and are fully responsible for all activities that occur under your account. You agree to notify Giant Step immediately
of any unauthorized use of your account. Giant Step is concerned about the security of personal information we have
collected from you and has taken reasonable steps to prevent unauthorized access to that information.
You, your heirs, successors and assigns hereby agree to indemnify and save us harmless from and against any claims,
actions and liabilities incurred, including all legal costs and expenses of any kind, in connection with any claim
arising out of or based upon or occurring from your use of the Site or arising from your alleged breach of any of your
agreements, covenants, warranties, representations and obligations under the Terms of Use. Your indemnification
obligations shall extend to Giant Step and its directors, officers, owners, affiliates, employees, agents and
sub-agents. In the event of that any such claim or action is asserted against us, or our officers, directors, owners,
affiliates, employees, agents and sub-agents, we shall have the right at our own expense to assume the exclusive
defense and control of any such claim or action against us and no settlement shall be made by you without our prior
written consent to be exercised on a reasonable basis.
The Site provides links to websites and access to content, products and services from third parties, including users,
advertisers, affiliates and sponsors of the Site. You agree that Giant Step is not responsible for the availability
of, and content provided on, third party websites. We are not responsible for the content or privacy practices or lack
thereof by such other site or sites, nor do we make any representation or warranty as to the accuracy of the
functioning of any such other site. You should refer to the policies posted by other websites regarding privacy and
other topics before you use them. You agree that Giant Step is not responsible for third party content accessible
through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks
associated with the use of such content. If you choose to purchase any products or services from a third party, your
relationship is directly with the third party. You agree that the Giant Step is not responsible for: (a) the quality
of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including
delivery of products or services and warranty obligations related to purchased products or services. You agree that
Giant Step is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the
Site, including contests, sweepstakes, promotions or other similar features, all of which terms are hereby incorporated
into these Terms of Use. You agree to abide by such other terms and conditions. If the event of a conflict between
these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service or
product offered on or through the Site, the latter terms shall control with respect to your use of that portion of the
Site or the specific service or product. Giant Step has no responsibility or liability whatsoever for goods or
services obtained from third party web sites or web pages, even if you were directed or linked to such web site or web
page through the Site. Giant Step's obligations, if any, with regard to its products and services are governed solely
by the agreements pursuant to which they are provided, and nothing on this Site should be construed to amend such
agreements.
Giant Step does not guarantee that any products or services offered on the Site will still be available. Giant Step
may in its sole and absolute discretion and without further notice to you, make changes to products or services or the
applicable prices for such services or products. If a product or service offered by Giant Step itself is not as
described, your sole remedy is to return it in unused condition. The receipt of an email order confirmation is simply
notification that we have received your requested order, and does not constitute an offer to sell. Giant Step reserves
the right to limit the quantity of any item sold, or prohibit a sale altogether.
Products sold by Giant Step maybe returned in saleable condition within 30 days of delivery for a full refund. Giant
Step does not accept returns of: (i) any item that is returned more than 30 days after delivery; (ii) any CD, DVD,
Videotapes, cassette tape, or vinyl record that has been opened (taken out of its plastic wrap); (iii) any item that is
not in its original condition, is damaged, or is missing parts(including without limitation items that have been
laundered or altered in any way); or (iv) tickets to shows or events. You are solely responsible for return postage
unless due to an error on the part of Giant Step. Giant will not be responsible for lost packages.
Giant Step may at any time, and from time to time, in its sole discretion, modify or discontinue any or all of the
Sites on a temporary or permanent basis without notice or liability to you or any other user of any of the Sites. We
may also impose limits on certain features and services and restrict access to all or any portion of the Site without
notice or liability to you.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND
SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", BASIS. GIANT STEP EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GIANT STEP MAKES NO WARRANTY THAT: (A) THE
SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE
ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. GIANT STEP SHALL HAVE NO
RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT,
MATERIALS, INFORMATION OR SOFTWARE; OR (E) DELIVERY, OR FAILURE TO RECEIVE, USE, STORE OR OTHERWISE BE INVOLVED WITH
ANY COMMUNICATION FROM OR TO YOU. GIANT STEP RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME
WITHOUT NOTICE.
WE PROVIDE THE SITE AND OUR SERVICES ON AN "AS IS" and "AS AVAILABLE" BASIS. To the full extent permissible under the
applicable law, neither we nor our directors, officers, owners, employees, agents, sub-agents, subsidiaries, affiliates
or service provider shall be liable for damages of any kind (whether for negligence, tort or breach of contract),
including and without limitation any indirect, special, incidental, punitive and consequential damages, including
without limitation lost profits, revenues or data arising out of or in connection with the Site, the inability to use
the Site or resulting from any goods or services purchased or obtained or the non-fulfilment of such purchases or for
messages received or business transactions entered into through the Site. Your sole remedy shall be to discontinue
using the Site.
You acknowledge that transmissions to and from the Site are not confidential and you accept that we are not your
fiduciary nor are we responsible for keeping any such information confidential or shall we be liable in any way in the
event that such information is not kept confidential. Any product concept or ideas submitted by you to Giant Step, its
directors, officers, employees or its agents via the Site will be considered public and nonproprietary. Giant Step
will not be responsible for any claims whatsoever, including but not limited to, intellectual property claims, if those
concepts or ideas are used in promotions, marketing or product concepts.
Access to the Site from outside of the United States of America is subject to local laws which are the responsibility
of the website user. In any event, all website users agree to comply with all applicable laws relevant to website use
in the location of such user and website use. Giant Step will not be responsible and makes no representations that
objects for sale on any of the Sites and their associated intellectual property rights are available for use in
locations outside of the United States of America.
These Terms of Use and use of all of the Sites shall be governed by the laws of the State of New York without giving
effect to its conflict of laws provisions. Both parties agree that any claim or cause of action shall be brought in
the federal or state court, of New York County, New York and hereby consent to the jurisdiction of such courts.
In the event that any provision of the Terms of Use shall be held to be void or unenforceable by reason of the
applicable law, then that provision shall be deemed severable from the remaining provisions and shall not affect the
validity or enforceability of the balance of the provisions of the Terms of Use, which Terms of Use shall continue in
full force and effect.
The waiver or failure to exercise any rights under these Terms of Use shall not prevent the future enforcement of the
remainder of such right and shall not be deemed in waiver of any subsequent rights.
Headings used in this user agreement are for convenience only and are not to be relied upon.
The Terms of Use is binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not
assign your rights and obligations hereunder to any other party without our prior written consent, which consent is
subject to our sole discretion. We may assign our rights and obligations under these Terms of Use to any affiliate,
successor or other company related to Giant Step upon notice thereof to you.