The use of any of the information, artwork, photographs or music contained herein is solely and entirely for home entertainment and educational purposes. Any and all other uses are strictly prohibited without the express written consent of Makana Music, LLC. Makana Music, LLC does not assume any responsibility or liability for any communications or materials sent here. In addition, Makana Music, LLC does not assume any liability for any claims, damages or losses resulting from any usage of this service or materials or other information on this site, used by you in any manner including without limitation any screensavers and/or wallpaper. Any and all communications sent to Makana Music, LLC in any manner shall be deemed usable by Makana Music, LLC in any manner and in any medium.
Makana Music, LLC makes no warranties or representations with respect to the websites for which hyperlinks are provided in Makana Music, LLC website. Makana Music, LLC is not responsible for the content contained in any such site. The hyperlinks provided in Makana Music, LLC Website are in no way an endorsement of any linked websites or the contents contained therein.
Use of the Web Site
Unless otherwise specifically indicated, you may download material displayed on the Web Site for your own personal enjoyment and non-commercial use only. While using the Web Site you may not:
upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material which is protected by copyright, or other proprietary or intellectual property rights, or derivative works with respect thereto, without obtaining permission of the copyright owner or rights holder; or
upload, post, publish, reproduce, transmit or distribute in any way any component of the Web Site itself or derivative works with respect thereto, as the Web Site is copyrighted under U.S. copyright laws; or
upload, post, publish or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export laws and regulations; or
upload, post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Web Site for commercial purposes (other than as expressly permitted by Makana Music, LLC); or
restrict or inhibit any other user from using and enjoying the Web Site; or
post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by Makana Music, LLC) or engage in spamming or flooding; or
impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; or
post or transmit any information or software that contains a virus, trojan horse, worm or other harmful component.
Our Proprietary Rights
You acknowledge and agree that Makana Music, LLC is not responsible for the appropriateness, accuracy or availability of information or other content provided by web sites linked to or from the Web Site.
Links to external web sites do not constitute an endorsement by Makana Music, LLC of the sponsors or operators of such sites or the content, products, advertising or other materials presented on such sites. Makana Music, LLC does not author, edit, or monitor these other sites. You acknowledge and agree that Makana Music, LLC is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources. Your connection to and use of any such linked web site is at your own risk.
Certain services and features offered through the Web Site are provided by third parties outside of the Web Site. While the Web Site provides a link to these services, Makana Music, LLC has no control over these services or the companies that provide them.
You understand and agree that Makana Music, LLC is not responsible in any way for your use of these services provided by third parties and that your use of such services is subject to the terms and conditions established by such third parties. Makana Music, LLC encourages you to click on the links provided by such third parties.
No Warranties / Limitation of Liability
YOUR USE OF THE WEB SITE, INCLUDING ANY SOFTWARE AND CONTENT CONTAINED THEREIN, IS ENTIRELY AT YOUR OWN RISK. THE INFORMATION AND SERVICES PROVIDED OR REFERENCED ON THE WEB SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTIES OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, OF ANY KIND. While Makana Music, LLC may use reasonable efforts to include accurate and up-to-date information on the Web Site, Makana Music, LLC makes no warranties or representations as to the accuracy, timeliness, or completeness of any such information. Makana Music, LLC does not in any way make any warranties, representations or guarantees INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, OR UNINTERRUPTED ACCESS. SPECIFICALLY, Makana Music, LLC DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION ON THE WEB SITE; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Makana Music, LLC may periodically add, change, or improve any of the information, products and services described on the Web Site without notice. Makana Music, LLC assumes no liability or responsibility for any errors or omissions in the content on the Web Site. TO THE MAXIMUM EXTENT ALLOWED BY LAW, NEITHER Makana Music, LLC NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEB SITE IS LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, HOWEVER CAUSED, ARISING OUT OF OR RELATING TO YOUR USE OF, OR RELIANCE ON, THE WEB SITE (INCLUDING, WITHOUT LIMITATION, ANY MERCHANDISE OR SERVICE OFFERED THEREON) OR INABILITY TO GAIN ACCESS TO THE WEB SITE OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF Makana Music, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE WEB SITE, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF THE SERVICE, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
Termination / Internet Access
Makana Music, LLC reserves the right to change or discontinue, temporarily or permanently, all or any portion of the Web Site and/or to deny use of all or part of the Web Site to any user for any reason without notification. Makana Music, LLC may, in it sole discretion and at any time, modify or terminate the Web Site and remove or refuse to post any information, content or materials. The content of the Web Site may vary depending upon your browser functionality and limitations.
* You acknowledge and agree that in order to use the Web Site you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including, without limitation, a computer, software and a modem.
The Rules will be governed by and construed under the laws of the State of California. Each party to the Web Site Rules hereby submits to the personal and exclusive jurisdiction of the courts within the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts.
Any failure by Makana Music, LLC to enforce any of its rights under the Rules or applicable laws shall not constitute a waiver of such right. If any provision of the Rules is found by a court of competent jurisdiction to be invalid, you, Makana Music, LLC, and the court shall endeavor to give effect to the intent reflected in that provision, and the remaining Rules provisions shall retain their full force and effect.
You agree to follow any applicable laws in your use of the Web Site. Among other things, United States and foreign export control laws regulate the export and re-export of technology originating in the United States and such foreign countries. You will abide by these laws and regulations as applicable and will not transfer, directly or indirectly, by electronic transmission or otherwise, any content or software from the Web Site to or from any countries or foreign nationals in violation of such laws or regulations.