PLEASE READ THESE TERMS AND CONDITIONS OF USE ("TERMS OF USE") CAREFULLY. BY ACCESSING THIS WEBSITE AND ANY PAGES, CONTENT, OR MATERIALS CONTAINED ON THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO EACH PROVISION OF THESE TERMS OF USE, PLEASE LEAVE THIS SITE IMMEDIATELY AND DISCARD OF ANY CONTENT THAT MIGHT HAVE BEEN CACHED ON YOUR COMPUTER OR DEVICE.
This website is operated on behalf of The New Santana Band, a California corporation (the "Operator") and its Carlos Santana (the “Artist”) fan club. Except as otherwise described herein, all pages, data, pictures, music, materials, and other content contained on this website are the property of the Operator or are used under license. The Operator reserves the right, in its sole and absolute discretion, to change, modify, add, remove, or discontinue this website, in whole or in part, at any time for any reason.
Changes to this Policy
Changes to these Terms of Use are made effective when they are posted on this website. By accessing this website hereinafter you will be considered as accepting those changes. These Terms of Use govern your use of this website. If you do not comply with these Terms of Use the Operator, in its sole and absolute discretion and without notice to you, may block or restrict your access to this website and pursue legal action against you where granted by governing law.
Permitted Use
You may view the information available on this website solely for informational, educational, and non-commercial communication purposes. If you have questions regarding the use of the materials on this website, please contact us. You are granted no right, express nor implied, in or to any patent, trademark, copyright, publicity right, moral right, or any other legal right contained on this website.
Linking to this Website
By linking to this website you accept these Terms of Use and the legal restrictions that are part of it. If you do not accept or abide by these guidelines, do not link to this website. By linking to this website you agree that you shall not:
- frame or otherwise create a browser or border environment around this website's content;
- imply that the Operator and/or the Artist endorses you, your company or business, your website or its contents, your products, or your services;
- misrepresent your or your website's relationship with the Operator and/or the Artist;
- present false, misleading or inaccurate information about the Artist and/or the Operator; and
- include content on your website that is or could be construed as illegal, distasteful, offensive, or controversial and will include on your website only content that is appropriate for all age groups.
Copyright
The materials of this website are protected by Copyright and Trademark Laws of Canada, the United States, and other countries and are owned by, or licensed to, the Operator. Except as set out herein, all content of this website is owned or controlled by the Operator. The contents of this website, including any images, text, binary programs or information, and layout design may not be distributed, reproduced, publicly displayed, downloaded, modified, reused, re-posted, or otherwise used except as outlined in the Permitted Use section.
Just as the Artist and the Operator require users to respect our copyrights, and those of our affiliates and partners, we respect the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on our website without authorization in a way that constitutes copyright infringement we ask that you contact us. Any personal information you provide in your email will be used only for purposes related to your email.
Posted Content
Definitions. As used herein “content” means any and all Submissions (defined at the end of this paragraph), postings, messages, text, files, images, photos, video, sounds, hyperlinks, programs, and similar materials. To “post” means to post on, transmit through, link from, and/or make available through, this website. “Submissions” include any suggestions, ideas, pictures, emails, electronic posts, letters or other information or data you send to the Operator and/or the Artist.
Responsibility of Postings. You understand that all posted content is the sole responsibility of the person(s) who posted such content. You are entirely responsible for all content that you post. You understand that neither the Operator nor the Artist controls the content posted by any third party. You may be exposed to content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Under no circumstances shall Operator or Artist be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any posted content.
Prohibitions. You shall not post any content that: (1) infringes any proprietary rights (including, without limitation, any copyright, trademark, patent, publicity right, moral right, or right of attribution) of any third party; (2) violates any municipal, state, federal, foreign or other applicable regulation or law; (3) is defamatory or trade libelous; (4) is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, intimidating, profane, pornographic, hateful, racially, ethnically or sexually discriminatory or otherwise objectionable in any way or that otherwise violates any right of another; (5) that encourages conduct that would violate any conduct prohibited by these Terms of Use; (6) restricts or inhibits any other user from using this website; (7) is or amounts to an unsolicited advertisement, promotion, or other form of solicitation; (8) impersonates any person or entity whether through digital or manual signature or otherwise or that directly or indirectly attempts to gain unauthorized access to any portion of this website or any computer, software, or data of any person, organization or entity that uses or accesses this website; (9) contains or accesses software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (10) disrupts the normal flow of dialogue with an excessive amount of content (flooding attack) to this website; or (11) otherwise negatively affects other users' ability to use this website.
Screening and Removal of Content. You acknowledge that, although the Operator may or may not screen content, the Operator has the right (though not the obligation) in its sole and absolute discretion to screen, refuse to post, reject, edit, remove or otherwise filter any content including, without limitation, any content that the Operator believes violates any of these Terms of Use or for any other reason.
Legal Right to Post. You hereby warrant that you own or have legal permission to use (including, without limitation, the right to post) all content that you post. You shall respect the copyrights of others and only post content that you own or have legal permission to use (including, without limitation, the right to post). The Operator may ban repeat offenders and reserves the right to terminate any users of this website and ban such users from use of this website after even a single violation.
Submissions. We are always happy to hear from you. We will most likely not return any Submissions to you. Once submitted, the Submissions will become subject to the license grant set forth immediately below and that the Operator shall be entitled to unrestricted, unlimited, use of the Submissions for any purpose whatsoever, without compensation to you. You confirm that you waive all moral rights related to the Submissions.
Ownership / License. You retain ownership in any content that you post. You hereby grant to the Operator an irrevocable, perpetual, transferable, royalty-free, non-exclusive license to be exercised by the Operator in its sole and absolute discretion throughout the Universe on or through any media and using any technologies, whether now known or later devised, including the right to grant sublicenses, to edit, copy, publicly display, publicly perform, publish, broadcast, retransmit, distribute, create derivative works of and otherwise to exercise and exploit, whether commercially or otherwise, any and all proprietary rights in and to any content you post, including, without limitation, in and to all Submissions.
Additional Restrictions
You shall use this website for lawful and permitted purposes only. You shall: (1) not disrupt, interrupt or attempt to interrupt the operation of this website in any way; (2) not change or delete any proprietary notice from any materials contained on this website; (3) comply with all trademark, copyright and other laws worldwide in your use of this website and prevent any unauthorized copying of the materials and information contained on this website. You shall not directly or indirectly use this website for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process. "Spam" or "Spamming" means any attempt to use a mailing list for the purpose of sending to a person or persons an unsolicited message, including, but not limited to, any advertisements. Any collection, aggregation, copying, harvesting, duplication, display or derivative use of this website, including without limitation any content posted on this website, or any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose is prohibited unless expressly permitted by the Operator.
Links to Third Party Sites
Some of the links on this website will take you to third party sites. If you decide to visit any third party site you do so at your own risk and take responsibility for taking protective measures to guard against malicious content on the third-party site. These linked sites are controlled independently by third parties who are solely responsible for their content. No warranty or representation is made to you regarding the accuracy, completeness or authenticity of any information contained in any such third-party site. These links are provided to you for your convenience and the inclusion of the link does not imply endorsement of the website by the Artist and/or the Operator.
Disclaimer and Indemnity/Limitation of Damages
You shall indemnify, defend and hold harmless the Artist, Operator, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to this website against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, incurred in relation to, arising from your use of this website (including a breach of these Terms of Use), any content you post, even if the Operator and/or the Artist are expressly advised of the possibility of such damages. Neither the Operator nor the Artist guarantee or warrant that any materials available for downloading through this web site will be free of infection of viruses, worms, Trojan horses or other harmful code. You are responsible for implementing sufficient safe guards and procedures to satisfy your requirements for the security and safety of your systems. By accessing this website you assume total responsibility and risk for the use of the materials on this website.
Incorrect Information
The materials and information contained on this website may contain inaccuracies and/or typographical errors. No warranty is made to you regarding the accuracy or completeness of the materials or other information displayed or distributed through this website. You acknowledge that any reliance on this information shall be at your sole risk. The Operator reserves the right in its sole discretion to make corrections or omissions to any portion of this website without notice.
This website, the information and materials provides on this website are provided “AS IS” and absolutely no express or implied warranties, representations or endorsements whatsoever including, without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness of any particular purpose with regard to this website, any merchandise, information or service provided through this website are being made to you. As a result neither the Operator nor the Artist shall in any way be liable for any cost or damage arising either directly or indirectly from any such transaction.
Governing Law
This website is operated and administered from within Canada. Use of this site shall be governed by all applicable Federal laws of Canada in addition to the laws of the Province of Ontario, without giving effect to its conflict of laws provisions. You agree to submit to the jurisdiction of the courts located in the Province of Ontario, for the resolution of all disputes arising from or related to these Terms of Use and/or your use of this website.
© The New Santana Band 2010 All Rights Reserved.