TERMS OF USE

By accessing and using www.vicfirth.com (the "Web Site"), you are agreeing to be legally bound by these Terms of Use.

1. GENERAL You may not use the Web Site for any unlawful purpose. Vic Firth, Inc. ("Vic Firth") may change any term in these Terms of Use at any time. The changes will appear in these Terms of Use, and your use of the Web Site after any changes have been posted will constitute your agreement to the modified Terms of Use and all of the changes. Therefore, you should read these Terms of Use each time you access the Web Site, before you begin using the Web Site. You may print a copy of these Terms of Use for your reference. You understand and agree that Vic Firth may discontinue or change the Web Site at any time, without notice. You also understand and agree that Vic Firth may discontinue or restrict your use of this Web Site for any reason without notice.

2. COPYRIGHT AND LIMITATIONS ON USE The content displayed on the Web Site ("Content") is the property of Vic Firth or its licensors, and is protected by copyright and other intellectual property laws. This Web Site and the Content may be used only for your personal and non-commercial use. You agree not to copy, reproduce, modify, display, perform, publish, translate, create derivative works based upon or store any Content from the Web Site. You also agree not to distribute, transmit, broadcast or circulate any Content from the Web Site to anyone, including but not limited to someone else in the same company or organization, without the express prior written consent of Vic Firth, with this one exception: You may, on an occasional and irregular basis, reproduce, distribute, display or transmit an insubstantial portion of Content, for a noncommercial purpose and without charge, to a limited number of individuals, provided you include all copyright and other proprietary rights notices with such portion of the Content in the same form in which the notices appear on the Web Site, the original source attribution, and the phrase "Used with permission from www.vicfirth.com a web site from Vic Firth, Inc." However, you may not post any Content from the Web Site to forums, newsgroups, mail lists, electronic bulletin boards or other web sites, without the prior written consent of Vic Firth. To request consent for other matters, you may contact Vic Firth by visiting www.vicfirth.com.

The Web Site includes facts, views, opinions and recommendations of consultants, individuals and organizations deemed of interest. Vic Firth and its Content licensors do not guarantee or warrant the accuracy, completeness or timeliness of, or otherwise endorse, these views, opinions and recommendations.

3. DISCLAIMER OF WARRANTIES AND LIABILITY Due to the number of sources from which the Content is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such Content and the Web Site. THE CONTENT AND THE WEB SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. VIC FIRTH AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT MAKE ANY REPRESENTATION WITH RESPECT TO OR WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, TIMELINESS, NONINFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH THE WEB SITE, OR THE WEB SITE ITSELF, AND VIC FIRTH HEREBY DISCLAIMS ANY SUCH EXPRESS OR IMPLIED WARRANTIES. NEITHER VIC FIRTH NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY, OTHER THAN DEATH OR PERSONAL INJURY RESULTING DIRECTLY FROM USE OF THE WEB SITE, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE WEB SITE AND ANY CONTENT ON THE WEB SITE. IN NO EVENT WILL VIC FIRTH, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THE WEB SITE. VIC FIRTH AND ITS AFFILIATES, AGENTS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES), OTHER THAN DIRECT DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES OR THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES, PARTS OR ALL OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

4. LINKS TO THIRD PARTY SITES This Web Site contains hyperlinks to web sites operated by persons other than Vic Firth. Such hyperlinks are provided for your reference and convenience only. You agree not to hold Vic Firth responsible for the content or operation of such web sites. A hyperlink from this Web Site to another web site does not imply or mean that Vic Firth endorses the content on that web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other web sites to which you might link from this Web Site.

If you wish to make purchases from an area of the Web Site or a "co-branded" web site operated by a person other than Vic Firth (a "Co-Branded Site"), you may be asked by the merchant or operator of the Co-Branded Site or other person from whom you are making the purchase to supply certain information, including credit card, debit card or other payment mechanism information. You agree not to hold Vic Firth liable for any loss or damage of any sort incurred as a result of any such dealings with any Co-Branded Site or merchant or operator of the Co-Branded Site or other person from whom you are making the purchase. You agree that all information you provide in connection with such purchase will be accurate, complete and current. You agree to pay all charges incurred by users of your credit card, debit card or other payment mechanism at the prices in effect when such charges are incurred. You also will pay any applicable taxes, if any, relating to any purchases you make. Each Co-Branded Site will contain a description of the site¹s privacy policy regarding any personal identifying information you may be required to disclose as part of the purchase.

5. ADDITIONAL LEGAL TERMS These Terms of Use, your rights and obligations and all actions contemplated by these Terms of Use will be governed by the laws of the United States of America and the Commonwealth of Massachusetts, as if these Terms of Use were a contract wholly entered into and wholly performed within the Commonwealth of Massachusetts. These Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If any provision in these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

All rights not expressly granted herein are hereby reserved. These Terms of Use are the entire and final agreement regarding this Web Site and its Content, and supersede any prior or contemporaneous communications between Vic Firth and you regarding this Web Site and its Content.

6. FORUMS Certain areas of this Web Site may enable you to access online forums where you can post messages and read messages posted by other users (the "Forums"). Some of the Forums topics are selected by Vic Firth and others are created by users. Vic Firth does not endorse, and specifically disclaims any responsibility or liability for, any content posted on the Forums, whether the topic is first selected by Vic Firth or a user. The Forums are a free service provided to users of Vic Firth. By posting or reading a message in the Forums, you agree to be bound by the following terms and conditions. If you do not want to be bound by these terms, then do not use the Forums. You agree to be fully responsible for your own postings and agree to access and use the Forums at your own risk on an as-is basis. While Vic Firth has no obligation to monitor the Forums, it may, from time to time, monitor the Forums to determine whether postings comply with these Terms of Use, to guide the discussion on the Forums or for other reasons. Vic Firth cannot and does not guarantee that it will post or continue to post every message or other content you or other users submit to the Forum. Also, Vic Firth reserves the right to edit or abridge postings for any reason and to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, in Vic Firth's sole discretion. You must abide by the following rules in connection with your use of the Forums:

* You agree to post only messages that relate to the subject matter of the Forum.

* You agree not to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.

* You agree not to impersonate any person or entity, including, for example, a Vic Firth employee or officer or a Forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity.

* You agree not to post messages that contain material that is inappropriate, profane, defamatory, infringing, obscene or indecent. This includes any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. You agree to give attribution to others when you quote or paraphrase materials owned by others, and to limit your quotations to no more than 50 words.

* You agree not to upload files, or cause users to upload files, that contain viruses, corrupted files or any other similar software or programs that may adversely affect the operation of another's computer.

* You agree not to advertise or promote any goods or services in the Forums. This includes, among other things, "junk mail", "spam", "chain letters" and "pyramid schemes."

* You agree not to conduct contests or distribute chain letters through the Forums.

* You agree not to violate any applicable local, state, national or international law in connection with your use of the Forums. This includes, among other things, any securities law or regulation.

By posting a message, uploading a file or engaging in any other form of communication through a Forum, you are granting Vic Firth a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, display, perform, sublicense, create derivative works based upon, transfer and sell any such messages, files or communications. You agree to indemnify and hold Vic Firth and its affiliates and their respective officers, directors and employees harmless from any claims, damages, losses or costs (including reasonable attorney's fees) that arise out of any of your postings and any material contained therein.

1. US GOVERNMENT END USERS The software and documentation available on this web site are "commercial items," as that term is defined in 48 C.F.R. 2.101 (October 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (September 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227-7202-1 through 227.7202-4 (June 1995), all U.S. government end users acquire the software and documentation with only those rights set forth herein.



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