Updated April 23rd, 2013
Your access to and use of this website (“the Site”) is subject to the following Terms of Use Agreement (“the Agreement”).
BY ACCESSING AND BROWSING THE SITE, YOU ACCEPT WITHOUT LIMITATION OR QUALIFICATION WHATSOEVER THE AGREEMENT AND ACKNOWLEDGE THAT ANY OTHER AGREEMENTS REGARDING THE USE OF THE SITE BETWEEN YOU AND CARL BENEDICT ROTH (“THE AUTHOR”) ARE SUPERSEDED AND OF NO FORCE OR EFFECT.
PLEASE REVIEW THE AGREEMENT CAREFULLY. IF YOU DISAGREE WITH ANY PART OF THE AGREEMENT, YOU SHOULD NOT GET ANY INFORMATION FROM, OR OTHERWISE USE, THE SITE.
The Author reserves the right to modify the Agreement at any time without notice. The latest Agreement will be posted on the Site, and you should review the Agreement before you use the Site.
Purpose of the Site
The Site is for general information, educational, and charitable purposes.
Access to the Site
The Site is made available for users of all ages. However, the eBook Beat the Drums of Your Negotiation Power! is a business book. It is intended for users of 18 years of age and above.
Copyright and phonographic rights
All the materials available on the Site, including, but not limited to, the eBook Beat the Drums of Your Negotiation Power! (“the eBook”), the score of the Tiny Suns Tune or of any other piece of music available on the Site (“the score”), all information, text, files (including audio files, videos, and any other types of files), graphics, images, hyperlinks, software, and any other content available on the Site (collectively, “the Materials”), as well as the selection and arrangement of the Materials, are protected by copyright, phonographic rights, and intellectual property laws.
All the Materials available on the Site and the Site itself are copyright © and phonographic rights 2012, 2013 by Carl Bénédict Roth or his suppliers. All rights reserved.
Except as expressly authorized in the Agreement or pursuant to a separate agreement, the Author and his suppliers do not grant any express or implied rights to use the Materials. In particular, you agree not to sell, lease, rent, license, print, copy, transmit, post, frame, share, distribute, re-publish, reproduce, lend, give, modify, adapt, translate, publicly perform, broadcast, record, and/or download any of the Materials, use any of the Materials for any promotional or commercial purposes, or create any derivative works based on the Materials. In addition, you agree not to remove or change any copyright or phonographic rights notices.
Uses and limitations of use of the eBook
You may download the eBook for storage and use on any single computer, eBook reader, tablet, mobile phone, and/or any other compatible electronic device for your personal, non-commercial use only, provided that you keep intact all copyright and phonographic rights notices. There is no limit on the number of copies of the eBook that you are permitted to download for your personal, non-commercial use.
You may print and photocopy extracts of the eBook for your personal, non-commercial use. You may print, photocopy, and display extracts of the eBook for educational purposes.
You may download the score for storage and use on any single computer, eBook reader, tablet, mobile phone, and/or any other compatible electronic devices for your personal, non-commercial use only, provided that you keep intact all copyright notices. There is no limit on the number of copies of the score that you are permitted to download for your personal, non-commercial use.
You may print and photocopy the score for your personal, non-commercial use. You may print and/or photocopy the score for your children’s personal, non-commercial use, and for the personal, non-commercial use of anyone who does not have access to the Internet and/or to printing equipment and supplies despite reasonable efforts to do so.
You may publicly perform and broadcast the score for non-commercial purposes only. You may publicly perform and broadcast the score with other musical instruments, if necessary after transposing one of the voices or all of them, provided that you do so for non-commercial purposes only, and that you keep intact all copyright notices.
You may record the score for your personal, non-commercial use only.
Any other use of the score or extracts of the score, whether commercial or non-commercial, and whether in electronic form or in hard copy, is prohibited without the prior written consent of Carl Bénédict Roth as the author and owner of the copyright. In particular, you agree not to sell, lease, rent, license, copy, transmit, post, frame, share, distribute, re-publish, reproduce, lend, give, modify, adapt, and/or translate the score or extracts of the score, use the score or extracts of the score for any promotional or commercial purposes, create any derivative works, download the score in any other way or to any devices whose principal function is to store or share files (including, but not limited to, memory stick, CD, DVD, or server), or remove or change any copyright notices.
Disclaimer regarding the Site
UNLESS EXPRESSLY AGREED OTHERWISE IN WRITING BY THE AUTHOR, THE MATERIALS AVAILABLE ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE MATERIALS AVAILABLE ON THE SITE, AND THE SITE ITSELF, MAY CONTAIN TYPOGRAPHICAL OR OTHER ERRORS, OMISSIONS IN THE CONTENT, TECHNICAL OR OTHER MISTAKES, INACCURACIES, PROBLEMS, BUGS, OR OTHER LIMITATIONS OR HARMFUL PROPERTIES. TO THE MAXIMUM EXTENT PERMITTED BY LAW THE AUTHOR ASSUMES NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR THE USE OF THE SITE AND ANY OF THE MATERIALS AVAILABLE ON THE SITE, AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). YOU AGREE THAT ALL ACCESS TO AND USE OF THE SITE OR ANY OF THE MATERIALS AVAILABLE ON THE SITE IS AT YOUR OWN RISK. NEITHER THE AUTHOR NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE SHALL BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, AND LITIGATION) ARISING OUT OF YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SITE OR ANY OF THE MATERIALS AVAILABLE ON THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE AGREEMENT SINCE THE MATERIALS AVAILABLE ON THE SITE, AND THE SITE ITSELF, WOULD NOT BE PROVIDED WITHOUT SUCH NEGATION.
THE MATERIALS AVAILABLE ON THE SITE ARE PROVIDED BY THE AUTHOR AND ARE INTENDED FOR GENERAL INFORMATION, EDUCATIONAL, AND CHARITABLE PURPOSES ONLY. THEY ARE NOT INTENDED TO CONSTITUTE PROFESSIONAL ADVICE OF ANY KIND.
The Author reserves the right to make changes to, or to delete any of the Materials available on the Site at any time, without notice, and without any liability whatsoever. The Author reserves the right to discontinue the Site or any products, services, or programs (including, but not limited to, the Tiny Suns Initiative) associated with the Site at any time, without notice, and without any liability whatsoever.
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You may only link to the Site provided that the Site is not loaded into frames on your website.
Links from the Site to third-party websites are provided for your convenience. The Author has no control over the nature, content, and availability of such third-party websites. The inclusion of a link does not imply any kind of approval or endorsement of the linked third-party website by the Author. The Author expressly disclaims any liability whatsoever for any links from the Site to third-party websites. If you decide to access any such third-party websites, you do so entirely at your own risk.
Every effort is made to keep the Site up and running smoothly. However, the Author assumes no responsibility for, and expressly disclaims any liability whatsoever for, the Site being temporarily unavailable. The Author assumes no responsibility for, and expressly disclaims any liability whatsoever for, the download of a defective, corrupted, or incomplete copy of the eBook or of the score. The Author assumes no responsibility if, and expressly disclaims any liability whatsoever if, you cannot download, store, open, read, play, or otherwise use the eBook or the score on your computer, eBook reader, tablet, mobile phone, or any other compatible electronic device.
The Author assumes no responsibility for, and expressly disclaims any liability whatsoever for, any damage to, or any viruses or any other kinds of malicious software or harmful properties that may infect or damage your computer equipment or other property on account of your access to or use of the Site, or on account of e-mail exchanges with the Author. You acknowledge that it is your responsibility to implement sufficient policies, procedures, and systems to satisfy your particular requirements in terms of protection against viruses or any other kinds of malicious software or harmful properties.
The Author’s Tiny Suns Initiative is exclusively tied to the donation that each person who downloads the eBook from tinysuns.org may decide to make, on a voluntary basis, to a charity of his or her choice, for an amount that he or she determines freely, to the benefit of children with medical needs. The Author’s Tiny Suns Initiative bears no relation whatsoever to any other person’s or entity’s for-profit or not-for-profit initiatives, campaigns, products, services, Internet sites, Internet pages, social media platforms, social networks, or other types of works and activities, that carry the same name or similar names as the Author’s Tiny Suns Initiative, or that show the same graphical representation or similar graphical representations as the Author’s Tiny Suns Initiative, or that refer to the Author’s Tiny Suns Initiative. The Author shall not be held responsible or liable to any person or entity with respect to any loss or incidental or consequential damages caused, or alleged to have been caused, directly or indirectly, by any other person’s or entity’s for-profit or not-for-profit initiatives, campaigns, products, services, Internet sites, Internet pages, social media platforms, social networks, or other types of creations and activities, that carry the same name or similar names as the Author’s Tiny Suns Initiative, or that show the same graphical representation or similar graphical representations as the Author’s Tiny Suns Initiative, or that refer to the Author’s Tiny Suns Initiative.
The eBook is published solely for educational purposes. The Author is not offering it as legal, accounting, commercial, or other professional services advice. Every company is different and the advice and strategies contained in the eBook may not be applicable to your situation. While best efforts have been made in preparing the eBook, the Author makes no representations or warranties of any kind and assumes no liabilities of any kind with respect to the accuracy or completeness of the content, and specifically disclaims any implied warranties of merchantability or fitness for use for any particular purpose. The Author shall not be held responsible or liable to any person or entity with respect to any loss or incidental or consequential damages caused, or alleged to have been caused, directly or indirectly, by the information contained in the eBook.
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The term “Personal Data” as used in the Agreement refers to information such as your first and last name, birth date, mailing address, telephone number, facsimile number, or e-mail address, that can be used to identify you. The use of the Site does not require any form of registration. You can access, browse, and use the Site without saying who you are. No Personal Data are collected on the Site.
The term “Non-Personal Data” as used in the Agreement refers to information such as your IP address, that cannot be used to identify you. The processing of Non-Personal Data is described in the section “Google Analytics’ Privacy Statement” above.
The Imprint includes the Author’s e-mail address. Please be aware that there are inherent security risks in transmitting data via e-mail, because it is impossible to safeguard completely against unauthorized access by third parties. Accordingly, as the website provider, the Author shall not be held liable for any damages incurred as a consequence of such security risks or for any related acts of omission on the part of the Author.
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Jurisdictional issues