Grownmen.com Terms of Use

Except as otherwise provided in a written agreement signed by Submersible Music Inc., these Terms of Use represent the entire understanding between you and Submersible Records Inc. ("SRI") regarding your use of www.grownmen.com (the "Site") and your submission of any materials to us. SRI is providing you access to the Site subject to these Terms of Use and the Grownmen.com Privacy Policy. By accessing the Site, you signify your acceptance of these Terms of Use and your acceptance of the Privacy Policy. The terms of purchase of any products made through the Site are further governed by the grownmen.com Terms of Purchase.

SRI reserves the right, at any time, to modify, alter, update, or remove portions of these Terms of Use or the Privacy Policy, so please check them from time to time as your continued use of the Site signifies your acceptance of any changed terms. If you are dissatisfied with these Terms of Use or the Privacy Policy, your sole and exclusive remedy is to discontinue your use of the Site.

Personal Use Only
Unless otherwise specified in writing by SRI, the Site is available for your personal use only. You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, obtained through this Site.

Disclaimer
SRI PROVIDES THE SITE AND ITS SERVICES ON AN "AS-IS" BASIS. SRI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE RELATED TO: (1) THE OPERATION OF THE SITE; (2) THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED OR DESCRIBED THEREIN; AND (3) ANY APPLICATION, INFORMATION, OR REQUEST SUBMITTED TO US THROUGH THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SRI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), REGARDING THE SITE, INCLUDING WITHOUT LIMITATION WARRANTIES RELATED TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS, AND SERVICES DESCRIBED THEREIN, AND ANY INFORMATION OR APPLICATIONS SUBMITTED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, SRI DOES NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SRI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE OR THE SERVICES DESCRIBED THEREIN.

Limitation of Liability
IN NO EVENT SHALL SRI BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERUPTION, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THE SITE, THE INFORMATION, CONTENT, OR MATERIALS DESCRIBED THEREIN, THE OPERATION OF THE SITE, ANY APPLICATION, INFORMATION, OR REQUEST SUBMITTED TO US THROUGH THE SITE, AND/OR THE SERVICES DESCRIBED THEREIN, EVEN IF SRI IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SRI’S LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM OF $100.

Links
The Site may contain links to other Web sites on the Internet that are owned and operated by someone other than SRI. SRI provides these links solely as a convenience. The appearance of a link does not imply SRI’s endorsement, nor is SRI responsible for the content on any linked site. These Terms of Use and the Privacy Policy are applicable only when you are on the Site. Once you choose to link to another website, you will be bound by the terms of use and privacy statement applicable to such website. YOU ACCESS LINKED SITES AT YOUR OWN RISK AND UNDER NO CIRCUMSTANCES WILL SRI BE LIABLE IN ANY WAY FOR ANY ASPECT OF THE LINKED SITE, INCLUDING BUT NOT LIMITED TO, LIABILITY FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY LINKED SITE.

Eligibility
You must be 18 years or older to use the Site.

Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and your use of the services described therein. SRI controls and operates this Site from its headquarters in the United States of America and makes no representations that the Site is appropriate or available for use in other locations. If you use this Site from outside of the United States of America, you are entirely responsible for compliance with local laws. Unless otherwise explicitly stated, all information or promotional materials found on this Site are solely directed to individuals, companies or other entities located in the United States.

Communications and Submissions
Except as otherwise agreed by SRI in writing, all requests, proposals, business plans, applications, ideas, suggestions, comments, feedback, and other materials disclosed, submitted, or offered to SRI, using the Site or otherwise, (collectively, "Submissions") will not be treated as confidential or proprietary and SRI will have no nondisclosure obligations or use prohibitions related to the Submissions. SRI does not claim ownership of the Submissions; however, by posting, uploading, inputting, providing or submitting your Submission you are granting SRI, its affiliates and necessary sublicensees permission to use your Submission in connection with the operation of SRI’s businesses, including without limitation the license rights to display, publish, reproduce, modify, transmit, sublicense, translate, create derivative works from, and distribute Submissions in any medium and through any method of distribution, transmission or display for any purpose whatsoever, commercial or otherwise, without compensation to you or anyone else. SRI reserves the right to reject any Submission or request for information and to bar any user from the Site, for any reason, in SRI’s sole discretion SRI does not want and cannot accept any requests, proposals, business plans, applications, ideas, suggestions or other materials that you consider to be confidential or proprietary. Furthermore, SRI does not accept proposals concerning film production companies, film/TV scripts or concept papers, themed amusement parks or restaurants, music acts, record companies, or recording studios.

No Unlawful or Prohibited Use; Indemnity
You warrant that you will not use the Site or any of the content obtained from the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden or impair any SRI server or the network(s) connected to any SRI server, or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to any materials or information through any means not intentionally made available through the Site, including without limitation through hacking or any other means. You will indemnify, defend and hold harmless SRI, its subsidiaries and affiliates and their respective officers, employees and agents from any and all claims, demands, damages, costs and liabilities, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site or any violation of these terms.

General Proprietary Rights
The Site is owned by SRI and contains material that is derived in whole or in part from SRI and other sources. The Site and its contents are protected by international copyright, trademark, and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the Site, including without limitation code or software, without SRI’s express written permission.

Copyright
All site design, text, code, graphics, and interfaces, and the selection and arrangements thereof, on the Site are the property of SRI, or their content suppliers, and are protected by U.S. and other international copyright laws, © 2005, Submersible Records Inc. ALL RIGHTS RESERVED. Prior permission to use, reproduce, or reprint any photograph, illustration, artwork, or other information or materials on the Site must be obtained from the copyright owner, regardless of the intended use. Any unauthorized use of the materials appearing on the Site is in violation of copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

Trademarks
”GROWN MEN”, “SUBMERSIBLE RECORDS” and all logos, designs and symbols associated with such terms are trademarks of SRI and/or its affiliates. They may not be used in connection with any product or service other than those services offered by SRI or its affiliates, in any manner that is likely to cause confusion, or in any manner that disparages or discredits SRI or its affiliates. All other trademarks are the property of their respective owners.

Notice of Potential Infringement
To notify SRI of any suspected infringement, please contact us at info@submersiblemusic.com.

Applicable Law
SRI operates the Site from Seattle, Washington, United States of America. The laws applicable to the interpretation of these Terms of Use shall be the laws of the State of Washington without reference to its conflict of law provisions.

Disputes
You agree that any action at law or in equity arising out of or relating to these Terms of Use, the Site, and/or the services described therein shall be filed exclusively in the state or federal courts of King County, Seattle, Washington, USA, and you hereby consent and submit to the exclusive jurisdiction and venue of such courts. No action arising under or relating to these Terms of Use may be brought by either party more than one year after the cause of action has accrued.

Termination
These Terms of Use shall remain in force until terminated by SRI. SRI may terminate the Terms of Use, or suspend your access to all or part of the Site, without notice, for any conduct that SRI, in its sole discretion, believe is disruptive or is in violation of any applicable law or these Terms of Use. In the event of any such termination, the provisions regarding disclaimers, limitations of liabilities, Submissions, intellectual property rights, choice of law, and venue set forth in these Terms of Use shall survive.

Miscellaneous
If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. SRI reserves the right to make changes to the Site, policies and these Terms of Use at any time.

All rights not expressly granted herein are reserved.

Last Updated: November 23, 2005