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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