Terms of Use
Welcome to www.tocapercussion.com, which
is provided by KMC Corporation ("KMC") for information
purposes only. By accessing and browsing this site you ("you" means any
individual and any entity of which such individual is an employee
or representative) agree to the terms of use set forth below.
Limited License
KMC grants you a limited, non-exclusive, non-transferable, right
to access and make personal use only of this site and its incorporated
materials, subject to applicable law and the terms described herein (the "Limited
License"). This Limited License does not convey any right or license under
any patent, trademark, copyright, or other proprietary right of Kaman
Music or any third party nor does it constitute a transfer of title to
this KMC Site or any of the materials contained in it. This Limited
License is also subject to the following restrictions: 1) any copy of
site material must retain all KMC copyright and other proprietary
rights notices; 2) this site may not be modified in any manner or copied,
displayed, distributed, or otherwise used for any public or commercial
purposes; and 3) no derivative use of this site may be made.
If you make unauthorized use of this KMC Site, this Limited License
will terminate automatically and you may also be in violation of federal
and/or state law. KMC will seek redress against all violators
to the maximum extent permitted by law.
Networked KMC Subsidiary Sites
This KMC Site also serves as an entry into several websites operated
by KMC subsidiaries. Please note that these subsidiary sites may
adopt terms of use particular to the subsidiary. While these terms of
use apply to this KMC Site as a whole, if a KMC subsidiary
site has terms in addition to those described here, those terms will also
apply. In addition, sales made in connection with KMC subsidiary
sites that offer products or services for sale will be subject to that
subsidiary's terms and conditions of sale as a condition of completion
of the transaction. Those terms of sale will either be posted on the subsidiary
site or described in a separate agreement. Your transaction will be governed
by such terms of sale and you should review them carefully.
International Users
This KMC Site is maintained by KMC Corporation in the
State of New Jersey, U.S.A. KMC makes no representation that this
site is available or appropriate for use at locations outside the U.S.
If you access this KMC Site from locations outside the U.S., you
are responsible for compliance with pertinent laws. Access to this Kaman
Music Site from locations where its contents are illegal is prohibited.
The laws of the State of Connecticut govern this KMC Site without
regard to any conflicts of laws principles.
Submitting Information
Please do not submit information that you consider proprietary to this
KMC Site unless a KMC subsidiary site provides specifically
for receipt of such information. Any submission of materials to Kaman
Music will be considered a contribution to KMC for further use
at its discretion, regardless of any proprietary reservations of rights
noted in such submission. You agree that any materials, including comments,
questions, suggestions, ideas, drawings, or other items that you provide
to this KMC Site are not confidential and will become the sole
property of KMC.
Changes
KMC has sole discretion to modify any of the terms of use for
this KMC Site at any time without prior notice and such modifications
will be effective immediately upon posting on this KMC Site. Your
continued use of this KMC Site constitutes your acceptance of
such modifications. Please refer to the terms of use section of this Kaman
Music Site regularly to familiarize yourself with the applicable terms
and conditions as they exist from time to time.
KMC may also change, terminate or discontinue this KMC
Site or any particular feature of the site, as well as your Limited License,
at any time, without prior notice.
Financial and Other Disclosures - Forward-Looking Statements
This KMC Site and various documents and reports issued by Kaman
Music and available through this KMC Site may contain statements
that are considered "forward-looking" within the meaning of the U.S. Private
Securities Litigation Reform Act of 1995. Such statements may include
information relating to KMC's business and prospects, and other
matters that involve a number of uncertainties that may cause actual results
to differ materially from expectations.
Please refer to the reports that KMC files with the Securities
and Exchange Commission, including specifically its most recent reports
on Form 10-Q, 10-K, and any reports on Form 8-K. These documents identify
specific factors that could cause actual results to differ materially
from those contained in such forward-looking statements. Any forward-looking
information should be considered with these factors in mind.
Press Releases
The information contained in KMC press releases posted on this
KMC Site should be considered current only as of the date the
release was posted. KMC has no duty to update the information
contained in such press releases.
Disclaimer
THIS KMC SITE IS PROVIDED ON AN "AS IS" BASIS. WHILE KMC
MAKES REASONABLE EFFORTS TO INCLUDE ACCURATE INFORMATION ON THIS SITE,
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE
SITE OR THE ACCURACY OF ITS CONTENTS. KMC HEREBY DISCLAIMS ALL
SUCH REPRESENTATIONS OR WARRANTIES WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO INFORMATION,
MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THIS KMC SITE. IN
ADDITION, KMC CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS
KMC SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT SHALL KMC BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING
TO THIS KMC SITE, INCLUDING WITHOUT LIMITATION, ANY DAMAGES FOR
DIMINUTION OF MARKET VALUE, LOSS OF USE, LOSS OF PROFITS OR OTHER FINANCIAL
OR ECONOMIC LOSS, OR FOR ANY BUSINESS INTERRUPTION, OR ANY CLAIMS ARISING
OUT OF THE USE, COPYING OR DISPLAY OF THIS SITE OR ANY OF ITS CONTENTS,
EVEN IF KMC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
OR LOSSES.
Copyright
All aspects of this KMC Site are the property of KMC
Corporation and are Copyrighted 2003. All rights reserved. Unless otherwise
stated, no aspect of this KMC Site may be copied, downloaded,
distributed, republished, displayed, posted or transmitted in any form
or by any means, without the prior written permission of KMC Corporation.
© Toca Percussion, 2009
A Division of KMC
All Rights Reserved
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