WEB SITE TERMS AND CONDITIONS OF USE & PRIVACY POLICY
Meniketti.com and YandTRocks.com ("MENIKETTI.COM") offers this Web site,
including all information, software, products, and services available from this
Web site or offered as part of or in conjunction with this Web site (the "Web
site"), to you, the user, conditioned upon your acceptance of all of the terms,
conditions, policies, and notices stated here. MENIKETTI.COM reserves the right
to make changes to these Terms and Conditions immediately by posting the changed
Terms and Conditions in this location. Your continued use of the Web site
constitutes your agreement to all such terms, conditions, and notices, and any
changes to the Terms and Conditions made by MENIKETTI.COM.
Personal and Noncommercial Use
The Web site is for your personal and noncommercial use. As a condition to your
continued use of the Web site, you warrant to MENIKETTI.COM that you will not
use the Web site for any purpose that is unlawful or prohibited by these terms
and conditions of use.
No Warranties
USE THE WEB SITE AT YOUR OWN RISK. THIS WEB SITE IS PROVIDED TO YOU "AS IS,"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, OR NON-INFRINGEMENT. MENIKETTI.COM MAKES NO WARRANTY THAT ANY CONTENT
CONTAINED ON THIS WEB SITE SATISFIES ANY APPLICABLE GOVERNMENT LAW, REGULATION,
OR REQUIREMENT. Neither MENIKETTI.COM nor its employees, agents, third-party
information providers, merchants, licensors, or the like warrant that the Web
site or its operation will be accurate, reliable, uninterrupted, or error-free.
No agent or representative has the authority to create any warranty regarding
the Web site on behalf of MENIKETTI.COM. MENIKETTI.COM reserves the right to
change or discontinue at any time any aspect or feature of the Web site.
Exclusion of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL MENIKETTI.COM OR ANYONE ELSE
INVOLVED IN CREATING, PRODUCING, STORING, OR DISTRIBUTING THE WEB SITE BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES AND
EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES
ARISING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY
CONNECTED WITH USE OF THE WEB SITE, DELAY OR INABILITY TO USE THE WEB SITE, OR
FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE WEB
SITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY, OR
OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY
AGREE THAT NO LICENSOR, SUPPLIER OR INFORMATION PROVIDER TO MENIKETTI.COM OR ITS
AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, OR ANY OF THEIR
SUCCESSORS OR ASSIGNS, SHALL HAVE ANY LIABILITY TO YOU FOR ANY REASON OR UNDER
ANY THEORY WHATSOEVER, BASED UPON THE INFORMATION PROVIDED ON OR THROUGH THE WEB
SITE. Because some states do not permit the exclusion or limitation of liability
for consequential or incidental damages, some or all of the above limitation may
not apply to you.
Indemnification
You agree to defend, indemnify and hold MENIKETTI.COM, its officers, directors,
affiliated companies, employees, and agents, licensors and suppliers harmless
from and against any and all claims, actions or demands, liabilities and
settlements, including, without limitation, reasonable legal and accounting
fees, resulting from, or alleged to result from, your use of the MENIKETTI.COM
Web site, or any content, product, or service offered through the MENIKETTI.COM
Web site, in a manner that violates or is alleged to violate these Terms and
Conditions. MENIKETTI.COM shall provide notice to you of any such claim, suit,
or proceeding and shall reasonably cooperate with you, at your expense, in your
defense of any such claim, suit or proceeding.
Featured Links and Advertisements
The Web site may contain hyperlinks to Web sites offered by parties other than
MENIKETTI.COM. Such hyperlinks are provided for your reference and convenience
only. MENIKETTI.COM does not control such other Web sites and is not responsible
for their content; nor does MENIKETTI.COMs inclusion of hyperlinks to such Web
sites imply any endorsement of the material on such Web sites or any association
with their operators. Unless otherwise specifically stated on this Web site,
MENIKETTI.COM does not endorse any product or service or make any representation
regarding the reliability, quality, or accuracy of any products or services
featured in, or linked to, any advertisement appearing on this Web site.
Linking
Unless you are subsequently advised otherwise by MENIKETTI.COM, you are hereby
licensed to create hyperlinks to the content on the Web site, provided that the
hyperlink accurately describes the content as it appears on the Web site.
MENIKETTI.COM reserves the right to revoke this license generally, or your right
to use specific links, at any time, and may normally break any hyperlink after
14 days. Under no circumstances may you "frame" the Web site or any of its
content or copy portions of the Web site to a server, except as part of an
Internet service provider's incidental caching of pages. Each page within the
Web site must be displayed in full (including all trademarks, branding,
advertising, and promotional materials), without any accompanying frame, border,
margin, design, branding, trademark, advertising, or promotional materials not
originally displayed on the page within the Web site.
Software Available on Web Site
Any software that is made available to download from this Web site is the
copyrighted work of MENIKETTI.COM and/or its suppliers. Your use of the software
is governed by the terms of the End User License Agreement, if any, that
accompanies or is included with the software. You may not install or use any
software without first agreeing to the terms of such End User License Agreement.
For any software not accompanied by an End User License Agreement, MENIKETTI.COM
hereby grants to you a personal, nontransferable, non-sublicensable license to
use the software for viewing and other purposes within the scope of use of such
software anticipated by MENIKETTI.COM in accordance with these terms and
conditions, and for no other purpose. Any such software is provided to you
subject to the warranty and liability exclusions set forth in these terms and
conditions.
Copyright
Except for material in the public domain under United States copyright law, all
material contained on the Web site (including all software, HTML code, Java
applets, Active X controls, and other code) is protected by United States and
foreign copyright laws. Except as otherwise expressly provided in these terms
and conditions, you may not copy, distribute, transmit, display, perform,
reproduce, publish, license, modify, rewrite, create derivative works from,
transfer, or sell any material contained on the Web site without the prior
consent of the copyright owner. None of the material contained on the
MENIKETTI.COM site may be reverse-engineered, disassembled, decompiled,
transcribed, stored in a retrieval system, translated into any language or
computer language, retransmitted in any form or by any means (electronic,
mechanical, photoreproduction, recordation or otherwise), resold or
redistributed without the prior written consent of MENIKETTI.COM. Violation of
this provision may result in severe civil and criminal penalties.
You may make single copies of materials displayed on the Web site for your own
personal and noncommercial use only, provided any copies include the copyright
and other notices displayed with the materials on the Web site. You may not
distribute such copies to others, whether or not for a charge or other
consideration, without prior written permission from MENIKETTI.COM or the
copyright owner of the copied material. Requests to reproduce materials on the
Web site for distribution or other purposes should be mailed to:
MENIKETTI.COM
5255 Stevens Creek Blvd #233
Santa Clara, California 95051 USA
Trademarks
"Meniketti" and "Y&T" are trademarks or registered trademarks of Meniketti.com
and/or Meanstreak Music Co., licensed for use by MENIKETTI.COM, and are
protected by state and federal trademark laws. Other trademarks appear on the
Web site with permission from their respective owners. Your unauthorized use of
trademarks appearing on the Web site may constitute trademark infringement,
which could subject you to substantial civil penalties.
Termination of Privileges
MENIKETTI.COM reserves the right to terminate your privilege of using all or any
portion of the Web site if you breach any of these terms and conditions of use.
If MENIKETTI.COM receives notice or otherwise discovers that you have posted
material that infringes another party's copyright or trademark rights or
violates another party's rights of privacy or publicity, MENIKETTI.COM may
terminate your access to the Web site, including all of your privileges or
accounts that you may have established in connection with the Web site.
Copyright Infringement
MENIKETTI.COM will not tolerate copyright infringement of any kind.
MENIKETTI.COM does not, however, monitor user-submitted materials for copyright
infringement. If you believe that any material on the Web site infringes your
copyright, you may seek to have the material removed by sending MENIKETTI.COM
notice that includes all of the following information:
your full name, address, and telephone number
your e-mail address
identification of the copyrighted work(s) that you believe is being infringed
identification of the infringing material and information sufficient for
MENIKETTI.COM to locate the material
your statement of good faith belief that (a) the material infringes your
copyrights, (b) the information provided in the notice is accurate, and (c)
under penalty of perjury, you are authorized to act for the copyright owner
your physical or electronic signature
Direct such notice to MENIKETTI.COM designated agent for receiving copyright
infringement notices:
MENIKETTI.COM
5255 Stevens Creek Blvd #233
Santa Clara, California 95051 USA
Upon receipt of notice complying with the above requirements, MENIKETTI.COM will
act to remove infringing materials and, if applicable, send notice to the user
that posted such materials on the Web site.
If MENIKETTI.COM removes materials posted by you as a user due to alleged
copyright infringement, you may seek to have the materials reinstated by
notifying MENIKETTI.COMs designated agent in writing and including the
following information:
your full name, address, and telephone number
your e-mail address
identification of the material that has been removed or to which access has
been disabled, including its location before it was removed or disabled
your statement under penalty of perjury that you have a good faith belief that
the material was removed or disabled as a result of mistake or misidentification
of the material
your statement consenting to the jurisdiction of the Federal District Court
for the district in which your address is located, or, if you reside outside of
the United States, for Santa Clara County, California (where MENIKETTI.COM may
be found), and that you will accept service of process from the person who
provided notice of copyright infringement or from such person's agent
your physical or electronic signature
Upon receipt of a notice meeting the above requirements, MENIKETTI.COM will send
a copy of the notice to the copyright owner who initially claimed copyright
infringement. Within 10 to 14 days following receipt of the notice,
MENIKETTI.COM will replace or enable access to the removed material unless
MENIKETTI.COM receives notice from the copyright owner who submitted the first
notification that it has filed an action seeking a court order to restrain the
user that posted the materials from engaging in infringing activity. Please note
that parties who misrepresent that materials are infringing or were removed by
mistake or misidentification are subject to substantial civil liability to
MENIKETTI.COM and/or the copyright owner or Web site user.
Community Forums
MENIKETTI.COM may provide chat rooms, message boards and other public posting
areas or community forums ("Community Forums") on the MENIKETTI.COM Web site. If
MENIKETTI.COM provides any such Community Forum or if you use a Community Forum,
you are solely responsible for your own communications and the consequences of
posting those communications. MENIKETTI.COM does not assume any responsibility
for the consequences of any Community Forum communications on or arising from
use of the MENIKETTI.COM Web site. In cases where you feel threatened or believe
someone else is in danger, you should contact your local law enforcement agency
immediately.
In consideration for being allowed to use the Community Forums, you agree that
the following actions shall constitute a material breach of these Terms and
Conditions:
Do not disrespect the privacy and views of others;
Do not use the Community Forums for commercial purposes, including the
promotion of any specific goods or services;
Do not post obscene, profane, sexually explicit, libelous, slanderous,
defamatory, harmful, threatening, illegal, or knowingly false information;
Do not post blatant expressions of bigotry, racism or hate, material
encouraging conduct that may constitute or contribute to a criminal offense,
give rise to civil liability or violate any national, state or local law,
regulation or authority, or any other material which MENIKETTI.COM finds
objectionable;
Do not use the Community Forums for unlawful purposes;
Do not impersonate another person;
Do not allow any other person or entity to use your identification to post or
view comments; and
Do not post material that infringes on the copyright or other intellectual
property rights of others or the privacy and publicity rights of others.
MENIKETTI.COM reserves the right to record dialogue in Community Forums.
MENIKETTI.COM is not responsible for screening or monitoring material posted by
users or any other person or entity. If notified by a user of communications
that are alleged not to conform to the terms of this Section, MENIKETTI.COM may
investigate the allegation and determine in its sole discretion to remove or
request the removal of the communications. MENIKETTI.COM reserves the right to
remove communications that are abusive, illegal, disruptive, or that otherwise
fail to conform to these Terms and Conditions. MENIKETTI.COM reserves the right
(but is not obligated) to edit or delete any communications posted on the
MENIKETTI.COM Web site, regardless of whether such communications violate these
standards for content.
Furthermore, MENIKETTI.COM reserves the right (but is not obligated) to monitor,
edit, or disclose any type of posting on the Community Forums for adherence to
the Terms and Conditions, if required in the course of normal operations and
maintenance of the MENIKETTI.COM site, or if required to do so by law or in the
good faith belief that such action is necessary to (i) comply with the law or
comply with legal process served; (ii) protect and defend the rights of
MENIKETTI.COM or others; or (iii) act in an emergency to protect the personal
safety of our users or the public. MENIKETTI.COM HAS NO LIABILITY OR
RESPONSIBILITY TO USERS OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR
NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES.
MENIKETTI.COM does not represent or guarantee the truthfulness, accuracy or
reliability of any of the material posted by Community Forum users, or endorse
any opinions expressed by such users. ANY RELIANCE UPON CONTENT POSTED IN A
COMMUNITY FORUM IS AT YOUR OWN RISK.
Any public Community Forum areas are for discussion and debate only. You may not
use any Community Forum area to post or transmit advertisements or commercial
solicitations of any kind. You may not post or transmit any material of any
nature, including text, audio, software, animation, or photographs, belonging to
any person or party other than yourself, without the prior written consent of
such owner. Simply because material is available on the Internet does not mean
it is in the public domain. The vast majority of materials on the Internet are
protected by copyright and trademark laws. MENIKETTI.COM shall have the right,
but not the obligation, to monitor any Community Forum areas of the Web site to
determine compliance with these Terms and Conditions and any other operating
rules that may be established by MENIKETTI.COM from time to time.
By posting messages or other material in any Community Forum areas of the Web
site, you are granting to MENIKETTI.COM and its licensees a worldwide,
royalty-free, perpetual, non-exclusive and irrevocable right and license to use,
reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, perform, and display any posting by you (in whole or in part) and/or
to incorporate it in other works in any form, media, or technology now known or
hereafter developed.
Through your use of the MENIKETTI.COM Community Forums, you are agreeing to all
of the aforementioned Terms and Conditions of Use for such Community Forums
contained herein.
You agree to defend, indemnify, and hold harmless MENIKETTI.COM and its
officers, directors, affiliated companies, employees, agents, licensors, and
suppliers, from and against any and all claims, actions or demands, liabilities
and settlements, including, without limitation, reasonable legal and accounting
fees, resulting from, or alleged to result from, your use of any Community
Forums or use by others of any community forums with respect to you, including,
without limitation, any claim of libel, defamation, harassment, violation of
rights of privacy or publicity, loss of service or infringement of intellectual
property or other rights, or violation of these Terms and Conditions.
Termination of Privileges
MENIKETTI.COM reserves the right to terminate your privilege of using all or any
portion of the Web site if you breach any of these terms and conditions of use.
If MENIKETTI.COM receives notice or otherwise discovers that you have posted
material that infringes another party's copyright or trademark rights or
violates another party's rights of privacy or publicity, MENIKETTI.COM may
terminate your access to the Web site, including all of your privileges or
accounts that you may have established in connection with the Web site.
General
These Terms and Conditions (including the privacy policy attached hereto, which
shall be deemed to be a part of these Terms and Conditions) constitute the
entire agreement and understanding between you and MENIKETTI.COM with respect to
use of the Web site, superseding all prior or contemporaneous communications
and/or proposals. These Terms and Conditions also are severable, and in the
event any provision is determined to be invalid or unenforceable, such
invalidity or unenforceability shall not in any way affect the validity or
enforceability of the remaining provisions. MENIKETTI.COM reserves the right to
make changes to these Terms and Conditions immediately by posting the changed
Terms and Conditions in this location. By continuing to use the Web site, you
are agreeing to all changes made by MENIKETTI.COM. A printed version of these
Terms and Conditions shall be admissible in judicial or administrative
proceedings based upon or relating to use of the Web site to the same extent and
subject to the same conditions as other business documents and records
originally generated and maintained in printed form.
Jurisdiction
The Web site is controlled and operated by MENIKETTI.COM from its principal
office in the State of California, United States of America. MENIKETTI.COM makes
no representation that materials on the Web site are appropriate or available
for use in other locations. Those who choose to access the Web site from other
locations do so on their own initiative and are responsible for compliance with
local laws, if and to the extent local laws are applicable. The Web site is not
intended to subject MENIKETTI.COM to the laws or jurisdiction of any state,
country or territory other than the State of California and the United States of
America.
MENIKETTI.COM PRIVACY POLICY
For each visitor to the Web site, MENIKETTI.COMs servers automatically collect
information about which pages are visited and the domain name (e.g. yoururl.com)
of visitors. This information is used for internal review, to tailor information
to individual visitors and for Web site traffic audits.
MENIKETTI.COM may place a "cookie" on the browser of your computer. The cookie
itself does not contain any personally identifying information. A cookie may be
used to tell when your computer has contacted the Web site. MENIKETTI.COM uses
the information for editorial purposes and for other purposes such as delivery
of features and advertisements, so MENIKETTI.COM can customize delivery of
information to you without compromising privacy. For example, cookies may be
used to ensure that you will not see the same banner advertisement too often in
a single session.
Through your use of the Web site, MENIKETTI.COM may collect information about
you that identifies you or your household. Normally, you would provide such
information when specifically asked for it by MENIKETTI.COM. Any information in
MENIKETTI.COMs possession solely as a result of your use of the Web site and
that is associated with you or your household is considered "Personal
Information." It consists of both information supplied by you (e.g. name,
address, telephone number, and email address) and information collected about
how you use the Web site (e.g. the fact that you have bought merchandise through
the Web site). It does not include aggregate information (e.g. the total number
of household users older than 18 years, the zip code in which a user lives) or
information that you have made public on the Web site or that is otherwise
publicly available.
MENIKETTI.COM uses Personal Information only for purposes necessary to provide
the Web site and other products and services to you. These purposes are:
to process requests or orders placed by you
to perform such normal business operations as billing, collecting, and
accounting
to personalize and publicize the Web site based on your interests, including
making you aware of special features, advertisements, and commercial items
to investigate complaints and to protect the Web site and MENIKETTI.COM, its
readers and employees as provided by law or in case of emergency, as determined
by legal counsel for MENIKETTI.COM
Except as necessary to process your requests or orders placed through the Web
site, MENIKETTI.COM does not rent, sell, barter, or give away any lists
containing Personal Information for use by any outside company. MENIKETTI.COM
also respects the privacy of data on your personal computer and does not access,
read, upload, or store data contained in or derived from your private files
without your authorization.
Links
The MENIKETTI.COM Web site contains links to other Web sites. MENIKETTI.COM is
not responsible for the privacy practices or the content of such Web sites,
including any Web sites that may indicate a special relationship or partnership
with MENIKETTI.COM (such as fan-created pages, co-branded pages, or "powered by"
or "in cooperation with" relationships). MENIKETTI.COM does not disclose
personally identifiable information or unique identifiers to those responsible
for the linked sites. The linked sites, however, may collect personal
information from you that is not subject to MENIKETTI.COMs control. To ensure
protection of your privacy, always review the privacy policy of the Web sites
you may visit by linking from the MENIKETTI.COM site.
Opt Out Procedures
You always may opt out of receiving future mailings or other information from
MENIKETTI.COM. If the mailing does not have an email cancellation form, send
email to
with REMOVE in the subject field, and in the body
of the email detail the type of information that you no longer desire to
receive.
Children's Privacy
The following additional terms, conditions, and notices apply to use of the Web
site by children under the age of 13 years whenever MENIKETTI.COM becomes aware
that a user is in that age range:
Users under 13 years of age may not submit or post information on the Web site
without the consent of the user's parent or legal guardian.
Although MENIKETTI.COM will apply these children's terms and conditions
whenever it becomes aware that a user who submits Personal Information is less
than 13 years old, no method is foolproof. MENIKETTI.COM strongly encourages
parents and guardians to supervise their children's online activities and
consider using parental control tools available from online services and
software manufacturers to help provide a child-friendly online environment.
These tools also can prevent children from disclosing online their name,
address, and other personal information without parental permission.
"Personal information" collected from children may include any of the
information defined above as "Personal Information" with respect to general
users of the Web site and may be used by MENIKETTI.COM for the same purposes.
Except as necessary to process a child's requests or orders placed through the
Web site, MENIKETTI.COM does not rent, sell, barter, or give away any lists
containing a child's Personal Information for use by any outside company.
If a child enters a game, contest, or other activity sponsored by
MENIKETTI.COM on the Web site, the child may be required by MENIKETTI.COM to
provide the minimum Personal Information reasonably necessary for the child to
participate in such activity.
A child's parent or legal guardian may request MENIKETTI.COM to provide a
description of the Personal Information that MENIKETTI.COM has collected from
the child, as well as instruct MENIKETTI.COM to cease further use, maintenance,
and collection of Personal Information from the child.
If a child voluntarily discloses his or her name, e-mail address, or other
personally-identifying information on chat areas, bulletin boards, or other
forums or public posting areas, such disclosures may result in unsolicited
messages from other parties.
General
These Terms and Conditions constitute the entire agreement and understanding
between you and MENIKETTI.COM with respect to use of the Web site, superseding
all prior or contemporaneous communications and/or proposals. MENIKETTI.COM
reserves the right to make changes to these Terms and Conditions immediately by
posting the changed Terms and Conditions in this location. By continuing to use
the Web site, you are agreeing to all changes made by MENIKETTI.COM. A printed
version of these Terms and Conditions shall be admissible in judicial or
administrative proceedings based upon or relating to use of the Web site to the
same extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form.
The Web site is controlled and operated by MENIKETTI.COM from its principal
office in the State of California, USA. MENIKETTI.COM makes no representation
that materials on the Web site are appropriate or available for use in other
locations. Those who choose to access the Web site from other locations do so on
their own initiative and are responsible for compliance with local laws, if and
to the extent local laws are applicable. The Web site is not intended to subject
MENIKETTI.COM to the laws or jurisdiction of any state, country or territory
other than the State of California and the United States of America.
Contacting Us
If you have any questions about this privacy statement, the practices of the
MENIKETTI.COM site, or your dealings with MENIKETTI.COM, you may contact us at:
MENIKETTI.COM
5255 Stevens Creek Blvd #233
Santa Clara, California 95051 USA