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Terms of Use / Agreement

This web site ("Australiathemusical.com / C. Kelly Lohr Productions") is offered to you, the user, conditioned upon your acceptance, without modification, of the terms, conditions, and notices contained herein (this "Agreement"). Your use of the Australia The Musical / C. Kelly Lohr Productions Site constitutes your acceptance of this Agreement.

1. Personal Account and Termination.

1.1 Personal Account. The Australia The Musical / C. Kelly Lohr Productions Site is for your personal, non-commercial use.

1.2 Termination. Notwithstanding anything contained in this Agreement to the contrary, Australia The Musical / C. Kelly Lohr Productions may terminate your ability to access the Australia The Musical / C. Kelly Lohr Productions Site with or without notice at anytime and for any reason whatsoever.

2. No Warranties and Limitation of Liability.

2.1 Your use of the Australia The Musical / C. Kelly Lohr Productions Site, including storage of information, if any,is at your sole risk. You assume full responsibility and risk of loss resulting from the downloading and/or use of files or other material (including software)obtained through the Australia The Musical / C. Kelly Lohr Productions Site. Neither Australia The Musical / C. Kelly Lohr Productions or any of its suppliers endorse or stand behind the accuracy, truthfulness or reliability of any information(including statements of opinion or advice) provided on or by means of the Australia The Musical / C. Kelly Lohr Productions Site. Statements made in conferences and chats reflect only the views of their authors. Advice received via the Australia The Musical / C. Kelly Lohr Productions Site should not be relied upon for important personal or financial decisions, and you should consultant appropriate professional for specific advice tailored to your situation.The Australia The Musical / C. Kelly Lohr Productions Site may contain hyperlinks to web sites operated by parties other than Australia The Musical / C. Kelly Lohr Productions. Such hyperlinks are provided for your reference only. Australia The Musical / C. Kelly Lohr Productions does not control such web sites and is not responsible for their contents. Australia The Musical / C. Kelly Lohr Productions's inclusion of hyperlinks to such web sites does not imply any endorsement of the material on such web sites or any association with their operators.

2.2 THE Australia The Musical / C. Kelly Lohr Productions SITE IS PROVIDED "AS IS", AND NEITHER Australia The Musical / C. Kelly Lohr Productions NOR ANY OF ITS SUPPLIERS, CONTENT PROVIDERS, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS,OR THE LIKE MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. No oral advice or written information given to you by Australia The Musical / C. Kelly Lohr Productions or any of its suppliers, content providers,licensors, employees, agents, or the like shall create any warranty. Neither Australia The Musical / C. Kelly Lohr Productions nor any of its suppliers, content providers, licensors, employees,agents, or the like warrants that access to, or use of, the Australia The Musical / C. Kelly Lohr Productions Site will be uninterrupted, virus free, or error-free, or that the Australia The Musical / C. Kelly Lohr Productions Site (including,without limitation, any content on the Australia The Musical / C. Kelly Lohr Productions Site) will meet any particular criteria of performance or quality. Australia The Musical / C. Kelly Lohr Productions, ON BEHALF OF ITSELF AND ALL OF ITS SUPPLIERS, CONTENT PROVIDERS, LICENSORS, EMPLOYEES, AGENTS AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND/OR REPRESENTATIONS,WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION,ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, COMPATIBILITY,SECURITY, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE(WHETHER OR NOT Australia The Musical / C. Kelly Lohr Productions KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE TN RESPECT OF THE Australia The Musical / C. Kelly Lohr Productions SITE. FURTHERMORE, Australia The Musical / C. Kelly Lohr Productions, ON BEHALF OF ITSELF AND ALL OF ITS SUPPLIERS, CONTENT PROVIDERS, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND

ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN RESPECT OF THE Australia The Musical / C. Kelly Lohr Productions SITE.

2.3 Australia The Musical / C. Kelly Lohr Productions and all of its suppliers, content providers, affiliates, licensors,employees, agents and the like, in each instance will not be liable for(a) any direct, indirect, incidental, consequential and/or special damages arising out of your use of, or inability to use, the Australia The Musical / C. Kelly Lohr Productions Site, and you hereby waive any claims with respect thereto, whether based on contractual,tort or other grounds, even if Australia The Musical / C. Kelly Lohr Productions has been advised of the possibility of such damages, and/or (b) damages or injury caused by any failure of performance,error, omission, interruption, deletion, defect, delay in operation or transmission,computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of any file, in each instance whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. For further clarity, in all events, Australia The Musical / C. Kelly Lohr Productions and all of its suppliers,content providers, affiliates, licensors, employees, agents and the like shall not be liable for the defamatory, offensive, or illegal conduct of other users of the Internet (including the Australia The Musical / C. Kelly Lohr Productions Site).

2.4 Some jurisdictions do not allow implied warranties to be excluded or modified or liability to be limited, so not all of the above limitations may apply to you.

2.5 The provisions of this Section 2 represent a reasonable allocation of the risks under this Agreement. Australia The Musical / C. Kelly Lohr Productions's willingness to allow you to use the Australia The Musical / C. Kelly Lohr Productions Site reflects this allocation of risk and the limitations of liability specified herein.

Control of Account. Australia The Musical / C. Kelly Lohr Productions shall have the right, but not the obligation, to,among other things, (a) monitor conferences and chats and authorize restrictions on access thereto, and (b) withdraw, suspend or discontinue any functionality or feature of the Australia The Musical / C. Kelly Lohr Productions Site. Furthermore, Australia The Musical / C. Kelly Lohr Productions reserves the right, with or without notice to you, to change any of the services offered on the Australia The Musical / C. Kelly Lohr ProductionsSite including, but not limited to, hours of operation, menu structures,access procedures, software commands, documentation, vendors and/or otherservices. Any rights not expressly granted in this Agreement by Australia The Musical / C. Kelly Lohr Productions are hereby reserved by Australia The Musical / C. Kelly Lohr Productions.

4. Acceptable Use Protocol. Without limiting any of its other rights or remedies contained herein or at law, Australia The Musical / C. Kelly Lohr Productions may terminate your account (and,thereby, your access to the Australia The Musical / C. Kelly Lohr Productions Site) for breaching or otherwise violating any provision of this Agreement including, without limitation, the breachor violation of any one or more of the following provisions which constitute Australia The Musical / C. Kelly Lohr Productions's "Acceptable Use Protocol ":

4.1 The Australia The Musical / C. Kelly Lohr Productions Site will only be used for lawful purposes. Use of the Australia The Musical / C. Kelly Lohr Productions Site for the transmission or storage of any information, data or material in violation of any federal or state regulation or law (including, but not limited to, material protected by copyright or trade secrets, and information that is confidential as a matter of law) is strictly prohibited. Without limiting the generality of the foregoing, you agree not to:

(a) use the Australia The Musical / C. Kelly Lohr Productions Site, under any circumstances, to:

(i) publish, post, distribute or disseminate defamatory, infringing, obscene or unlawful material or information, (ii) threaten, harass, stalk, abuse,or otherwise violate the legal rights (including rights of privacy and publicity)of others, (iii) intercept or attempt to intercept e-mail, (iv) send "spamming"e- mail messages, (v) upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity)unless you own or control the rights thereto or have received all necessary consents, and/or (vi) upload files that contain a virus or corrupted data,

(b) delete any author attributions, legal notices or proprietary designations or labels in a file that you upload, (c) falsify the source or origin of software or other material contained in a file that you upload, (d) use the Australia The Musical / C. Kelly Lohr Productions Site in a manner that adversely affects the availability of Australia The Musical / C. Kelly Lohr Productions's resources to other subscribers or users of the Australia The Musical / C. Kelly Lohr Productions Site, (e) send e-mail for any purpose other than personal communication including, without limitation,to advertise or offer to sell goods or services to others (except as otherwise expressly permitted by Australia The Musical / C. Kelly Lohr Productions), (f) download a file that you know (or reasonably should know) cannot be legally downloaded (a file may have been uploaded notwithstanding such illegality), and/or (g) act, or fail to act, in your use of the Australia The Musical / C. Kelly Lohr Productions Site, in a manner that is contrary to applicable law or regulation.

The failure to observe any of the foregoing may result in civil or criminal liability, as well as termination of your account.

4.2 Use of the Australia The Musical / C. Kelly Lohr Productions Site for advertising or promotion of a commercial product or service (other than in areas of the Australia The Musical / C. Kelly Lohr Productions Site that Australia The Musical / C. Kelly Lohr Productions specifically designate for such purposes, if any) without the express, written consent of Australia The Musical / C. Kelly Lohr Productions is prohibited.

4.3 The transmission of chain letters, the conduct or promotion of gaming or lotteries, and the conduct or promotion of any illegal activity via the Australia The Musical / C. Kelly Lohr Productions Site is strictly forbidden.

4.4 There may be news groups, electronic mailing lists, bulletin boards,chat rooms, and/or other message or communication facilities on the Australia The Musical / C. Kelly Lohr Productions Site which focus on a particular topic or set of topics. You shall use any news groups, electronic mailing lists, bulletin boards, chat rooms, and/or other message or communication facilities only to send and receive messages and materials that are proper and related to the particular news group,electronic mailing list, bulletin board, chat room, and/or other message or communication facility.

4.5 You shall not engage in any conduct that intends to disrupt the normal flow of dialogue within chat rooms.

4.6 Files that are uploaded and your activity in conferences and chats are subject to review, modification and deletion without notice. Files uploaded may be subject to posted limitations on usage, reproduction and/or dissemination,and you are responsible for adhering to such limitations if you download them.

The preceding list is not exhaustive. Australia The Musical / C. Kelly Lohr Productions reserves the right to prohibit conduct which Australia The Musical / C. Kelly Lohr Productions deems, in its sole discretion, to be harmful to subscribers or damaging to the communities that make up the Australia The Musical / C. Kelly Lohr Productions Site, and you agree to abide by any additional rules of conduct Australia The Musical / C. Kelly Lohr Productions may adopt from time to time. Australia The Musical / C. Kelly Lohr Productions cannot, and does not intend to, screen or monitor all communications and other material in advance for adherence to Australia The Musical / C. Kelly Lohr Productions's standards. However,notwithstanding anything in this Agreement to the contrary, Australia The Musical / C. Kelly Lohr Productions reserves the right (but is not obligated) to review, delete or edit any material placed on the Australia The Musical / C. Kelly Lohr Productions Site.

6. Intellectual Property.

6.1 Except for items in the public domain, all news stories, information,photos, graphics, programs, services, processes, designs, software, technologies,trademarks, trade names, inventions and all other materials comprising the Australia The Musical / C. Kelly Lohr Productions Site (collectively, the "Works"), are wholly owned by (or licensed to) Australia The Musical / C. Kelly Lohr Productions and/or its content providers. Except for your noncommercial personal use, the Works may not be sold, reproduced, published, broadcasted via radio or television, or redistributed in any medium, directly or indirectly,in whole or in part, for any commercial or non-commercial purpose, or used for advertising or any other purpose other.

6.2 The Australia The Musical / C. Kelly Lohr Productions Site contains copyrighted material, trademarks, and other proprietary information including, without limitation, text, software, photos, video,graphics, music and sound, and the entire contents of the Australia The Musical / C. Kelly Lohr Productions Site is copyrighted under the United States copyright laws. Australia The Musical / C. Kelly Lohr Productions and/or its affiliates owns a copyright in the selection, coordination, arrangement, and enhancement of such content as well as in any original content. By uploading or otherwise submitting a file or other information ("Your Contribution") to the Australia The Musical / C. Kelly Lohr Productions Site, you automatically grant, or warrant that the copyright owner of Your Contribution has expressly granted, to Australia The Musical / C. Kelly Lohr Productions a perpetual, royalty-free,irrevocable, worldwide, non-exclusive right and license to use, reproduce,publicly display and/or perform, modify, store, publish, adapt, translate,create derivative works from, and/or distribute Your Contribution (in whole or part) and/or to incorporate it in other works in any medium now known or hereafter developed for the full term of any copyright that may exist in Your Contribution, as if Your Contribution were public domain information.You similarly permit any Internet user to download, store, manipulate, reformat,view, print and display Your Contribution for that users's personal use.

6.3 Sections 6. l and 6.2 above are for the benefit of Australia The Musical / C. Kelly Lohr Productions, its affiliates,and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

6.4 Without limiting any other rights Australia The Musical / C. Kelly Lohr Productions may have, Australia The Musical / C. Kelly Lohr Productions may (but is not obligated to) check uploaded files for viruses and may also remove an uploaded file (in its sole discretion) upon determining that the file is inappropriate for the Australia The Musical / C. Kelly Lohr Productions Site.

7. Indemnification. You agree to forever indemnify and hold harmless Australia The Musical / C. Kelly Lohr Productions and all of its suppliers, content providers, affiliates, licensors, employees, agents and the like, in each instance from and against any and all claims, suits, liabilities, expenses (including,without limitation, attorneys' fees), and/or damages arising out of claims based upon use your use of the Australia The Musical / C. Kelly Lohr Productions Site including, without limitation, any claim of libel, defamation, violation of legal rights of others (including rights of privacy or publicity), loss of service by other subscribers and/or infringement of intellectual property or other rights.

8. Entire Agreement and Survival. This Agreement contains the full understanding of the parties with respect to the subject matter hereof. The provisions of this Agreement intended for Australia The Musical / C. Kelly Lohr Productions's benefit will continue in full force and effect even after termination of your account.

9. Modification of Agreement. THIS AGREEMENT MAY BE CHANGED OR MODIFIED FROM TIME TO TIME BY Australia The Musical / C. Kelly Lohr Productions. NOTICE OF SUCH CHANGES MAY BE GIVEN BY MEANS INCLUDING, BUT NOT LIMITED TO, POSTING ON THE Australia The Musical / C. Kelly Lohr Productions SITE, OR BY MAIL (INCLUDING,WITHOUT LIMITATION, E-MAIL). YOUR USE OF THE Australia The Musical / C. Kelly Lohr Productions SITE FOLLOWING THE IMPLEMENTATION OF ANY SUCH CHANGES OR MODIFICATIONS SHALL CONSTITUTE YOUR ACCEPTANCE OF ANY SUCH CHANGES AND/OR MODIFICATIONS.

10. Severability. If any portion of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the parties' original intentions, and the remainder of this Agreement shall remain in full force and effect.

11. No Waiver; Governing Law; Jurisdiction. The failure Australia The Musical / C. Kelly Lohr Productions to insist upon or enforce strict performance by you of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and Australia The Musical / C. Kelly Lohr Productions nor the trade practice shall modify any provision of this Agreement. Use of the Australia The Musical / C. Kelly Lohr Productions Site is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement including, without limitation, this Section 11.

12. Section Headings. Headings of articles and sections in this Agreement are for the convenience of the parties only. Accordingly, they shall not constitute a part of this Agreement when interpreting or enforcing this Agreement.

13. Notices; Consent. Notices given by Australia The Musical / C. Kelly Lohr Productions to you will be given by e-mail,or by a general posting on the Australia The Musical / C. Kelly Lohr Productions Site. In any matter requiring Australia The Musical / C. Kelly Lohr Productions's consent, such consent will be considered given only if made in the foregoing manner by an authorized representative of Australia The Musical / C. Kelly Lohr Productions. Notices given by you to Australia The Musical / C. Kelly Lohr Productions must be given by e-mail and addressed to admin@Australiathemusical.com / C. Kelly Lohr Productions.

14. Relationship of Parties. You acknowledge that no joint venture, partnership,employment, or agency relationship exists between you and Australia The Musical / C. Kelly Lohr Productions. You agreenot to hold yourself out as a representative, agent or employee of Australia The Musical / C. Kelly Lohr Productions,and that Australia The Musical / C. Kelly Lohr Productions will not be liable by reason of any representation, act or failure to act by you.

15. Export Control. Any software that is made available to download from the Australia The Musical / C. Kelly Lohr Productions Site, and any accompanying documentation and/or technical information,is subject to applicable export control laws and regulations of the USA.You and all Associate Account Holders, if any, agree not to export or re-export such software, documentation, and/or information, directly or indirectly,to any countries that are subject to USA export restrictions.

16. Intellectual Property Notices. All contents of the Australia The Musical / C. Kelly Lohr Productions Site are: Copyright 2003 Australia The Musical / C. Kelly Lohr Productions All rights reserved. Australia The Musical / C. Kelly Lohr Productions and the Australia The Musical / C. Kelly Lohr Productions Site and other names of Australia The Musical / C. Kelly Lohr Productions services referenced in the Australia The Musical / C. Kelly Lohr Productions Site are trademarks or registered trademarks of Australia The Musical / C. Kelly Lohr Productions. Other product and company names mentioned in the Australia The Musical / C. Kelly Lohr Productions Site may be the trademarks of their respective owners.


all content copyright 2003 C. Kelly Lohr