TERMS OF
USE
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Privacy Policy >>
Welcome at scherf.com Thank you for stopping by!
We'd like every visitor to have
a great experience while using the
scherf.com and
Cascada.cc Websites (in the following text called,
Our Websites). It is important that
every visitor is fully aware of our respective legal rights and
obligations. For that reason, we have posted these Terms of Use as the
legally binding terms to govern every visitor's use of this Website. Please read these
Terms of Use carefully before using this Website, because they will affect your
legal rights and obligations. Acceptance of Terms
If you do not agree with any of these Terms of Use please do not use
this Website, because by using Our Websites you will be deemed to
have irrevocably agreed to these terms. Various areas of this Website may
be subject to additional terms and conditions, which you should read
carefully before making use of any such areas and/or provisions. Any such terms will not
vary or replace these Terms of Use regarding the use of this Website,
unless stated otherwise. Please
note that these Terms of Use may be revised and reissued without notice
at any time. You should visit this page
regularly to review the current Terms of Use, since your continued use
of this Website will be deemed as irrevocable acceptance of any
revisions. Registration
To access Our Websites or some of the resources it has to offer,
sometimes you may be
asked to provide registration details. It is a condition of use of this
Website that all the details you provide are correct, current, and
complete. If we at Our Websites think that certain details are not
correct, current, or complete, we have the right to refuse you access to
our Websites, or any of its resources, and to terminate or suspend your
account. Unless, we have received a properly completed and acceptable
parental consent form governing your use of this Website, we will assume
(and by using this Website you warrant that) you have the legal capacity to
enter into the agreement set out in these Terms of Use (e.g., that you
are of sufficient age and mental capacity and are otherwise entitled to
be legally bound in contract).
Privacy Policy
Your privacy is important to us. To better protect your privacy, we
provide a notice explaining our online information practices and the
choices you can make about the way your information is collected and
used at this Website. Click here to show
the privacy policy, which is an integral
part of
these Terms of Use. Copyrights/Trademarks
This Website and all content incorporated by
Our Websites are
protected by copyrights, trademarks, patents, or other proprietary
rights. Most characters, logos or other images incorporated by Our
Websites are also protected as registered or unregistered
trademarks, trade names and/or servicemarks owned by Cascada Corporation or
other entities. Our Websites respect the intellectual property rights of
others and requests users of the Our Websites to do the same. Content/Use of Material
Your right to use this Website and any content is
subject to your compliance with these Terms of Use. Modification or use
of any content on this Website for any purpose not permitted by these Terms
of Use may be a violation of Copyrights and/or Trademarks and is
prohibited by law. You may access and display content displayed on this
Website for non-commercial, personal, entertainment use on a single
computer only. Content on this Website may not be copied,
reproduced, republished, uploaded, posted, transmitted, distributed or
used in any way unless specifically noted and/or authorized by
Our Websites and/or Cascada
Corporation. Any authorization to copy content of any part of Our
Websites for any reason is restricted to making a single copy for
non-commercial, personal, entertainment use on a single computer only,
and is subject to your keeping intact all copyright and other
proprietary notices. Using content from this site on any other Website
or computer network is prohibited, unless certain content is
specifically offered for such purposes as stated when this is the case. Disclaimer of Warranties
YOUR USE OF THIS WEBSITE AND OUR RELATED WEBSITES IS AT YOUR OWN RISK.
Our Websites AND ALL INFORMATION, SOFTWARE,
SERVICES AND OTHER CONTENT AT Our Websites ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, Our Websites DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. Our Websites DOES NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THIS AND RELATED WEBSITES WILL BE AVAILABLE,
UNINTERRUPTED OR WITHOUT ERROR, THAT DEFECTS WILL BE CORRECTED, OR THAT
Our Websites OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. Our Websites DO NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFORMATION, SOFTWARE,
SERVICES OR OTHER CONTENT
AT Our Websites OR ANY WEBSITES LINKED TO Our Websites IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Our Websites MAKES NO
WARRANTIES THAT YOUR USE OF THE INFORMATION, SOFTWARE, SERVICES OR OTHER CONTENT AT
Our Websites WILL NOT INFRINGE THE
RIGHTS OF OTHERS AND Our Websites ASSUMES NO LIABILITY OR RESPONSIBILITY
FOR ERRORS OR OMISSIONS IN SUCH INFORMATION, SOFTWARE, SERVICES OR OTHER CONTENT AT
Our Websites. IF APPLICABLE LAW
DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED
WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY
TO THE EXTENT PERMITTED BY APPLICABLE LAW. Limitation of Liability
Our Websites
DO NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT,
INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL,
EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE,
Our Websites OR THE INFORMATION, SOFTWARE, SERVICES OR OTHER CONTENT ON
Our Websites, REGARDLESS OF THE BASIS UPON
WHICH LIABILITY IS CLAIMED AND EVEN IF Our Websites HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU, AND NOT
Our Websites, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIRS OR
CORRECTIONS IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF
APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF
LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE
EXTENT PERMITTED BY APPLICABLE LAWS. Forums/Communities
THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR
ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON THIS
AND RELATED WEBSITES ARE NOT NECESSARILY THOSE OF
Our Websites OR ITS
AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS. Our Websites DOES NOT
UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT
THE RESPONSIBILITY OF Our Websites. Our Websites MAY REMOVE OR MODIFY ANY
CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN ITS SOLE DISCRETION.
ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO
THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE. Submissions, Postings and
E-mail notices
Our Websites are
interested in hearing from our visitors. It is, however, our policy that
we will not accept or consider unsolicited submissions of concepts,
stories, or other potential content. Therefore, please do not send us
any unsolicited submissions. But occasionally, some programs and/or
offers on this Website may request submissions of concepts, stories, or
other potential content from you. Where this is the case, please
carefully read any specific rules or other terms and conditions which
appear elsewhere on this and related Websites to govern those
submissions, since they will affect your legal rights. If no additional
terms govern those submissions, then these Terms of Use will apply in
full to requested submissions. In any event, any material you send to us
will not be treated as confidential, except if specifically indicated
that such information and material is to be kept confidential, e.g. in
regards to the identity of bidders on our auction related pages, in
which case the identity of bidders is kept confidential. Please act
responsibly when using this and our related Websites. You may only use
this and our related Websites and its contents for lawful purposes and
in accordance with applicable laws and you are prohibited from storing,
distributing or transmitting any unlawful material through this and
related Websites. You may not collect or store personal information
regarding other users. You recognize that storing, distributing or
transmitting unlawful content could expose you to criminal and/or civil
liability. You agree that if a third party claims that a certain content
that you have contributed to Our Websites is unlawful, you will bear the burden of
establishing that it is lawful. You understand and agree that all
content publicly posted (other than by Our Websites themselves) or privately
transmitted on or through this and related Websites are the sole responsibility of the
sender, and not of Our Websites, and that you are responsible for all
content that you
upload, post or otherwise transmit to or through this Website. We at
Our Websites require that
you do not post E-mail notices or submit to or publish through
forums/communities or
otherwise make available on this and related Websites any content, or act in a way,
which in our opinion:
(1) libels, defames, invades
privacy, stalks, is obscene, pornographic, racist, abusive, harassing,
threatening or offensive;
(2) seeks to exploit or harm children by exposing them to inappropriate
content, asking for personally identifiable details or otherwise;
(3) infringes any intellectual property or other right of any entity or
person, including violating anyone’s copyrights or trademarks or their
rights of publicity;
(4) violates any law or may be considered to violate any law;
(5) you do not have the right to transmit under any contractual or other
relationship (e.g., inside information, proprietary or confidential
information received in the context of an employment or a non-disclosure
agreement);
(6) advocates or promotes illegal activity;
(7) impersonates or misrepresents your connection to any other entity or
person or otherwise manipulates headers or identifiers to disguise the
origin of the content;
(8) advertises any commercial endeavor (e.g., offering for sale products
or services) or otherwise engages in any commercial activity (e.g.,
conducting raffles or contests, displaying sponsorship banners, and/or
soliciting goods or services) except as specifically authorized on this
Website;
(9) solicits funds, advertisers or sponsors;
(10) includes programs which contain viruses, worms and/or "Trojan
horses" or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software
or hardware or telecommunications;
(11) disrupts the normal flow of dialogue, causes a screen to scroll
faster than other users are able to type, or otherwise act in a way
which affects the ability of other people to engage in real time
activities via this Website;
(12) copies any other pages or images on this Website except with
appropriate authority and/or authorization;
(13) includes MP3 format files;
(14) amounts to a "pyramid" or similar scheme;
(15) amounts to "data warehousing" (e.g., using any Web space made
available to you as storage for large files which are only linked from
other Websites). You must provide a reasonable amount of content to
accompany such material in order that at least some of the traffic to
your Website comes directly via us;
(16) disobeys any policy or regulations established from time to time
regarding the use of this and our related Websites or any networks connected to this
and our related Websites;
(17) contains links to other Websites that contain the kind of content,
which falls within the descriptions set out from (1) to (16) above.
In addition, you are prohibited
from removing any sponsorship banners or other material inserted by
Our Websites anywhere on this and our related Websites (e.g., on any Web space made available for
your use). System Abuse
Without limitation, you agree not to send, create or reply to so called
“mailbombs” (i.e., E-mail copies of a single message to many
users, or sending large or multiple files or messages to a single user
with malicious intent) or engage in “spamming” (i.e., the
distribution of unsolicited E-mail notices for whatever purposes) or undertake any other activity
which may adversely effect the operation or enjoyment of this and
related Website by
any other person. You may not reproduce, sell,
resell or otherwise exploit any resource, or access to any resource,
contained on this and related Websites, unless specifically noted, e.g. in the case
of our Website Design Service/Management applications (reseller
programs). Security
Any passwords used for this and related Websites are for individual use only. If a
password application is used, you shall
be responsible for the security of your password.
Our Websites shall be entitled to monitor your password and, at its discretion,
require you to change it. If you use a password that Our Websites consider
insecure, Our Websites will be entitled to require this to be changed
and/or terminate your account. You are prohibited from using
any services or facilities provided in connection with this and related Websites to
compromise security or tamper with system resources and/or accounts. The
use or distribution of tools designed for compromising security (e.g.
password guessing programs, cracking tools or network probing tools,
etc.) are
strictly prohibited. If you become involved in any violation of system
security, Our Websites reserve the right to release your details to system
administrators at other Websites in order to assist them in resolving
security incidents. Investigations
Our Websites reserve the right to investigate suspected violations of
these Terms of Use, including without limitation any violation arising
from any submission, posting or E-mail notices you make or send to any
forum/community. Our Websites may seek to gather information from the user who is suspected
of violating these Terms of Use, and from any other user. Our
Websites may
suspend any user whose conduct or postings are under investigation and
may remove such content from its servers as it deems appropriate and
without notice. If Our Websites believe, in its sole discretion, that a
violation of these Terms of Use has occurred, it may edit or modify any
submission, posting or E-mail notice, remove the material permanently, cancel
postings, warn users, suspend users and passwords, terminate accounts or
take other corrective action it deems necessary and appropriate. Our
Websites will fully
cooperate with any law enforcement authorities or court order requesting
or directing Our Websites to disclose the identity of anyone posting any
E-mail notices, or publishing or otherwise making available any content that
are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT
YOU WAIVE AND HOLD HARMLESS Our Websites FROM ANY CLAIMS RESULTING FROM ANY
ACTION TAKEN BY Our Websites and/or CASCADA CORPORATION DURING OR AS A RESULT OF ITS INVESTIGATIONS
AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY
EITHER Our Websites, CASCADA CORPORATION OR LAW ENFORCEMENT AUTHORITIES. Service
In order to use our Websites, you must obtain Internet access and pay any service fee associated with that access. You will need to
provide all equipment necessary to connect to our Websites via the
Internet (including a computer, modem and/or other access devices).
Our Websites reserve the right
to modify or discontinue, temporarily or permanently, all or any part of
our Websites and/or any software, and services on this and related Websites,
with or without notice, and/or to establish general guidelines and
limitations on their use. Other Regulations
Our Websites make no representation that any content
on our Websites is appropriate or available for use inside or outside
the United States, its territories, possessions and protectorates. If
you choose to access Our Websites from any location wherever you're located at the time
of access, you do so on your own initiative and at your
own risk. You are responsible for complying with all local laws, if and to
the extent local laws or any other laws are applicable. You specifically agree to comply
with all applicable laws concerning the transmission of technical data
exported from the United States or the country you reside in. Indemnity
You agree to indemnify and hold harmless
Our Websites,
Cascada Corporation and its officers,
directors, employees, agents, distributors and affiliates from and
against any and all claims, demands, liabilities, costs or expenses,
including reasonable attorney’s fees, resulting from your breach of
any of the foregoing provisions, representations or warranties, and/or
from your placement or transmission of any content onto Our Websites
utilized servers, and/or from any and all use of your account. Our Use of Content
Our Websites will consider anything you provide to
Our Websites and/or contribute to these Websites as available for our use free of any obligations
to you, except where we have expressly solicited submissions and
those submissions are expressly governed by additional terms appearing
elsewhere on this Website (see "Submissions, Postings and
E-mail notices" above), in which event those additional terms
will determine how we will treat your submissions. Subject to the
provisions of any additional terms, by posting or uploading any content
to our
Websites
and/or providing any communication or content to Our Websites, Cascada Corporation, you automatically and irrevocably: (a) grant and assign to
Our Websites and/or Cascada Corporation any and all rights of your content throughout the world
including without limitation all copyright, together with all consents
(if any) necessary to enable its reproduction, distribution,
modification, publishing and/or other exploitation by Our Websites and/or
by any person/entity authorized by Our Websites, by any means and in all media now
known or hereafter devised without payment or other reference to you or
any other person, and to advertise and promote such exploitation, for
the full period of all such rights (together with any extensions and
renewals) and insofar as possible in perpetuity; (b) waive all moral
rights in the content which may be available to you in any part of
the world and confirm that no such rights have been asserted; (c)
appoint Our Websites and/or Cascada Corporation as your agent with full power to enter into any
document and/or do any act Our Websites may consider appropriate to confirm
the grant and assignment, consent and waiver set out above; (d) warrant
that you are the owner of the submitted content and entitled to enter into
these Terms of Use; (e) confirm that no such content will be
subject to any obligation, of confidence or otherwise, to you or any
other person and that Our Websites and/or Cascada Corporation shall not be liable for any use or
disclosure of such content. Third-Party
Websites
Our Websites may link a user to other Websites on the Internet. These
Websites may
contain information or material that some people may find inappropriate
or offensive. These other Websites are not under the control of
Our Websites and you acknowledge that (whether or not such Websites are affiliated in
any way with Our Websites) Our Websites are not responsible for the accuracy,
copyright compliance, legality, decency, or any other aspect of the
content of such Websites. The inclusion of such a link does not imply
endorsement of any Website by Our Websites, Cascada
Corporation or any association with its
operators. Our Websites cannot ensure that
you will be satisfied with any products or services that you purchase
from any third-party Website that links to or from Our Websites since other
Websites are owned and operated by independent entities. Our Websites does not endorse any of the merchandise,
information or content, nor has Our Websites taken any
steps to confirm the accuracy or reliability of any of the information
contained on such third-party Websites. Our Websites does not make any
representations or warranties as to the security of any information
(including, without limitation, credit card and other personal
information) which a consumer might be requested to provide to any third party, and you
irrevocably waive any claim against Our Websites and/or Cascada Corporation with respect to such
Websites. We
strongly encourage you to make whatever investigation you feel necessary
or appropriate before proceeding with any online transaction. Proprietary Online Services
Any area of this and our related Websites that is accessed through any proprietary online
service is subject to the rules, policies and guidelines of such
proprietary online service. Jurisdictional Issues
The content on this and our related Website is presented solely for the
purpose of providing entertainment and information for the promotion of
musical instruments and music gear accessories, books, CDs, DVDs,
programs, lifestyle products, religious interests, motion pictures,
music, and other products and services available in the United States,
its territories, possessions, and protectorates, and also in other parts
of the world. The majority of this and our related Websites are
controlled and operated by Our Websites from its offices within the State
of Wyoming, United States of America, unless otherwise stated. Some areas
of this and related Websites are controlled by
Cascada Corporation affiliated entities
located outside the U.S. Some areas of this and our related Websites and its offered
services and/or products may not be accessible and/or available to
citizens, residents and/or entities within the U.S. Our Websites serve a
global clientele and all offers, services, etc. are void where
prohibited by law, especially when governed by applicable local laws. These Terms of Use shall be
governed by, construed and enforced in accordance with the laws of the
State of Wyoming, as they are applied to agreements entered into and
to be performed entirely within Wyoming. Any action you, any third
party or Our Websites and/or
Cascada Corporation may bring to enforce these Terms of Use or, in
connection with any matters related to this and our related Websites shall be brought only in
either the State or Federal Courts located in Wyoming, and you expressly consent to the jurisdiction of said
courts. If any provision of these Terms
of Use shall be unlawful, void, or for any reason unenforceable, then
that provision shall be deemed severable for this agreement and shall
not affect the validity and enforceability of any remaining provisions.
This is the entire agreement between the parties relating to the matters
contained herein. Claims of Infringement
If you believe that any content appearing on this and our related Websites infringes your
copyright rights, please contact our office. Please forward
the following information in writing to our office indicated in the
Contact Information: (a) your name, address,
telephone number, and E-mail address;
(b) a description of the copyrighted work that you claim has been
infringed;
(c) the exact URL or a description of each place where alleged
infringing material is located;
(d) a statement by you that you have a good faith belief that the
disputed use has not been authorized by you, your agent, or the law;
(e) your electronic or physical signature or the electronic or physical
signature of the person authorized to act on your behalf. Contact Information:
This site is controlled and operated by
Our Websites, which are Websites that are owned by Cascada Corporation.
scherf.com |
Cascada.cc
Evanston, WY
USA
E-Mail:
ds@scherf.com
Mailing Address:
CASCADA CORPORATION
Las Vegas NV
USA
E-Mail:
ds@scherf.com
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