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Web Site Sales: "Terms & Conditions"

BEFORE DOWNLOADING OR INSTALLING ANY SCREENSAVER, MP3 OR ANY DOWNLOAD OR ANY OTHER DIGITAL PRODUCT OFFERED BY BLIND FURY AND BLINDFURY.ORG, YOU MUST AGREE TO THESE PRIVACY STATEMENTS AND LICENSE AGREEMENTS LISTED BELOW. PLEASE READ THEM CAREFULLY AND MAKE SURE YOU UNDERSTAND THEM.

BY DOWNLOADING BLINDFURY SCREENSAVER OR MP3 FILES OR ANY OTHER DIGITAL PRODUCT OFFERED BY BLIND FURY AND BLINDFURY.ORG , YOU ACCEPT TO BE BOUND BY ALL OF THESE GENERAL TERMS AND CONDITIONS.

Ownership; All Users of This Computer Bound. You represent and warrant that you are the owner of the computer or the owner of the computer has authorized you to install and use the Software. You agree not to use the Software in a manner prohibited by law or in violation of any contractual provision for which you are bound and you agree to comply with all applicable laws, rules and regulations related to its use.

You understand and agree that the screensaver, MP3 or any other digital download is provided on an "AS-IS" and "AS AVAILABLE" basis and that BLIND FURY, BLINDFURY.ORG AND NWWCC.COM assumes no responsibility for the or failure to store any personalization settings.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial or other purposes, the whole of any portion of BLIND FURY SCREENSAVER, MP3 or any other digital download.

You agree, at any time during the period of these T&Cs, that BLIND FURY AND BLINDFURY.ORG, in its sole discretion, reserves the right to revise these T&Cs and any Additional Terms at anytime, effective upon making the modified provisions available on the BLIND FURY AND BLINDFURY.ORG, Website; and to change the Digital Products and Services provided under these T&Cs. Any such revision or change will be binding and effective immediately on posting of the revised T&Cs or change to the Digital Products and Services on THE BLINDFURY.ORG, web site or web pages, or notification to you by e-mail or regular mail as per the Notices section of these T&Cs. You are responsible for regularly reviewing these T&Cs. Your continued use of the BLINDFURY.ORG Website, after any such changes shall constitute your consent to such changes. BLIND FURY AND BLINDFURY.ORG, does not and will not assume any obligation to notify you of any changes to these T&Cs or any Additional Terms.

As a condition of your use of the Digital Products and Services, you warrant to BLIND FURY AND BLINDFURY.ORG, that you will not use the Digital Products and Services provided by the BLINDFURY.org site for any purpose that is unlawful or prohibited by these terms, conditions and notices. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of you. BLIND FURY AND BLINDFURY.ORG,and/or its suppliers is not liable for any and including but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via by BLIND FURY AND BLINDFURY.ORG Web site. You agree to abide by all applicable local, state, national and international laws and regulations.

You acknowledge that BLIND FURY AND BLINDFURY.ORG, may have added third party software to the products and services, and that by installing such products and services you understand that this third party software may affect the way your computer performs. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You acknowledge that BLIND FURY AND BLINDFURY.ORG, and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available through the BLINDFURY.ORG Website. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

Any software that is made available to download from or otherwise through BLIND FURY AND BLINDFURY.ORG, excluding software that may be made available by third parties via BLIND FURY AND BLINDFURY.ORG, ("Software") is the copyrighted work of BLIND FURY AND BLINDFURY.ORG, and/or its suppliers. Your use of the Software is governed by these T&Cs and the applicable Additional Terms, and the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). To the extent that the License Agreement conflicts with the T&CS and/or Additional Terms, the terms of the License Agreement shall govern your use of the Software. You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement. For any Software not accompanied by a license agreement, BLIND FURY AND BLINDFURY.ORG, hereby grants to you, the user, a personal, non-exclusive, non-transferable and revocable license to use the Software for viewing and otherwise using the particular Product and or Service in accordance with the applicable T&Cs, and for no other purpose. In addition, you shall keep intact all and may not alter any copyright and other proprietary notices contained in such Software. All Software is owned by BLIND FURY AND BLINDFURY.ORG, and/or its suppliers, and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Persons violating the foregoing, or who otherwise misappropriate any intellectual property or proprietary rights related to the Software may be prosecuted to the maximum extent under the law. Without limiting the foregoing, copying or reproducing the software to any other server or location for further reproduction or redistribution is expressly prohibited. You may not decompile, disassemble, reverse engineer or otherwise attempt to discover any trade secret contained in any software provided hereunder.

The Digital Products and/or Services may provide, or third parties may provide, links to other Internet/World Wide Web sites or resources. BLIND FURY AND BLINDFURY.ORG, has no control over such sites and resources and you acknowledge and agree that BLIND FURY AND BLINDFURY.ORG, is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that BLIND FURY AND BLINDFURY.ORG, shall not be 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 or through any such site or resource. You acknowledge and agree that the Digital Products and Services and any necessary software used in connection with the Digital Products and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Digital Products and Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by BLIND FURY AND BLINDFURY.ORG, or its designees, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Digital Products and/or Services or the Software, in whole or in part.

GENERAL DISCLAIMER

YOU AGREE THAT YOUR USE OF BLIND FURY AND BLINDFURY.ORG, DIGITAL PRODUCTS AND SERVICES IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT SUCH PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BLIND FURY AND BLINDFURY.ORG, EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BLIND FURY AND BLINDFURY.ORG, MAKES NO WARRANTY THAT THE DIGITAL PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE DIGITAL PRODUCTS AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES BLIND FURY AND BLINDFURY.ORG, MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DIGITAL PRODUCTS AND SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PRODUCTS AND SERVICES OR THAT DEFECTS IN THE DIGITAL PRODUCTS AND SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE DIGITAL PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. BLIND FURY AND BLINDFURY.ORG MAKES NO WARRANTY REGARDING ANY DIGITAL PRODUCTS AND SERVICES PURCHASED OR ANY TRANSACTIONS ENTERED INTO THROUGH THE DIGITAL PRODUCTS AND SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BLIND FURY AND BLINDFURY.ORG OR THROUGH THE DIGITAL PRODUCTS AND SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

LIMITATION OF LIABILITY

YOU AGREE THAT BLIND FURY AND BLINDFURY.ORG'S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO ANY DIGITAL PRODUCTS AND SERVICES PROVIDED UNDER THESE T&CS AND ANY BREACH OF THESE T&CS IS SOLELY LIMITED TO THE DISCONTINUANCE OF USE OF BLIND FURY AND BLINDFURY.ORG PRODUCTS AND SERVICES. BLIND FURY AND BLINDFURY.ORG AND ITS CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, STOCKHOLDERS, VENDORS, REPRESENTATIVES AND AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE, MISUSE OR INABILITY TO USE ANY OF THE DIGITAL PRODUCTS AND SERVICES OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES. BLIND FURY AND BLINDFURY.ORG DISCLAIMS ANY AND ALL LOSS OR LIABILITY RESULTING FROM, BUT NOT LIMITED TO: (a) LOSS OR LIABILITY RESULTING FROM ACCESS DELAYS OR ACCESS INTERRUPTIONS; (b) LOSS OR LIABILITY RESULTING FROM DATA NON-DELIVERY OR DATA MIS-DELIVERY; (c) LOSS OR LIABILITY RESULTING FROM CONDITIONS BEYOND OUR REASONABLE CONTROL AFTER EXERCISING SUCH CONTROL, INCLUDING BUT NOT LIMITED TO INTERRUPTION OF POWER, FIRE, FLOOD, ACCIDENT, STORM, ACTS OF WAR, RIOT, GOVERNMENT INTERFERENCE, STRIKES OR WALKOUTS.

EXCLUSIONS AND LIMITATIONS

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, BLIND FURY AND BLINDFURY.ORG LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

INDEMNIFICATION

You agree to release, indemnify, and hold BLIND FURY AND BLINDFURY.ORG, its contractors, agents, employees, attorneys, officers, directors, stockholders, vendors, representatives and affiliates harmless from all liabilities, claims and expenses, including without limitation attorneys' fees relating to or arising under these T&Cs or Additional Terms, the Products and Services provided hereunder or your use of the Digital Products and Services, including without limitation infringement by you, or someone else using the Products and Services with your computer, of any intellectual property or other proprietary right of any person or entity, any misrepresentation, fraud, deceit, failure to disclose or material omission of the representations and warranties, rights, responsibilities, obligations, duties made in these T&Cs or Additional Terms or from the violation of any of our operating rules or policy relating to the Digital Products and Services provided.

BLIND FURY AND BLINDFURY.ORG is either a trademark or registered trademark of BLIND FURY AND BLINDFURY.ORG. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

COPYRIGHTS AND COPYRIGHT AGENTS

BLIND FURY AND BLINDFURY.ORG respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide BLIND FURY AND BLINDFURY.ORG's Copyright Agent the following information:

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(ii) a description of the copyrighted work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is on the site;
(iv) your address, telephone number, and email address;
(v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Once we have received your information and reviewed it and we will immediately remove the item in question.

COPYRIGHT AND TRADEMARK NOTICES

All contents of the BLIND FURY AND BLINDFURY.ORG are: Copyright (c) 2001-2004 BLIND FURY AND BLINDFURY.ORG and/or its designees. All rights reserved.

GENERAL INFORMATION

These T&Cs constitute the entire agreement between you and BLIND FURY AND BLINDFURY.ORG and govern your use of the Digital Products and Services, superceding any prior agreements between you and BLIND FURY AND BLINDFURY.ORG. You also may be subject to additional terms and conditions that may apply when you use the Digital Products and Services, third party content or third party software. These T&Cs and the relationship between you and BLIND FURY AND BLINDFURY.ORG shall be governed by the laws of the State of Idaho without regard to its conflict of law provisions. You and BLIND FURY AND BLINDFURY.ORG agree to submit to the personal and exclusive jurisdiction of the courts located within the Ada county of Boise. The failure of BLIND FURY AND BLINDFURY.ORG to exercise or enforce any right or provision of these T&Cs shall not constitute a waiver of such right or provision. If any provision of these T&Cs is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these T&Cs remain in full force and effect.

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Blind Fury proudly uses Dean Guitars, Trekker Basses, Yahmaha Drums, Digitech Technologies, Mesa Boogie Engineering and RotoSound Bass Strings.

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