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ACCEPTANCE OF TERMS OF USE
THIS AGREEMENT ("AGREEMENT") IS A LEGAL AND
BINDING AGREEMENT BETWEEN YOU ("YOU" OR
"YOUR") AND MYMUSICINC.COM ("MYMUSICINC.COM",
"OUR," "US," "WE")
REGARDING YOUR ACCESS TO AND USE OF THE MYMUSICINC.COM
WEB SITE (THE "SITE"). PLEASE READ THIS
AGREEMENT CAREFULLY PRIOR TO PURCHASE. BY ACCESSING THE
SITE, YOU ARE CONSENTING TO BECOME A PARTY TO THIS
AGREEMENT AND AGREEING TO BE BOUND BY THE TERMS AND
CONDITIONS AS OUTLINED IN THIS LEGAL NOTICE.
MODIFICATION
MyMusicInc.com reserves the right to change these terms
and conditions from time to time at its sole discretion,
without prior notice, by posting such revised terms and
conditions on the Site. It is Your obligation to
routinely review these terms and conditions and Your
continued use of the Site following any such change
(whether or not You have reviewed such change)
constitutes Your binding acceptance to follow and be
bound by the terms and conditions as changed.
THE SERVICE
The fee assessed by MyMusicInc.com entitles You to
access the location, evaluation, and or recommendation
of software products available from the web site and for
the installation and technical support provided. All
software recommendations refer to software that is
available without charge to individuals at large for
specific purposes. The service makes no download speed
performance guarantees or the availability of specific
files for download on the peer to peer network.
You are responsible for obtaining and maintaining all
computer hardware, software and communications equipment
needed to access the Service. In order to use the
Service, You must obtain access to the Internet and pay
any service fees associated with such access.
YOUR CONDUCT
You agree not to: (a) upload, transmit, post, email or
otherwise make available to the Site, any content or
other material in any format that: (b) is false,
inaccurate, unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene,
invasive of another's privacy, libelous and/or otherwise
objectionable; (c) infringes any third party's
intellectual property; or (d) contains viruses, worms,
Trojan horses, corrupted files, or any other similar
software or programs designed to interrupt, destroy or
limit the functionality of any computer software or
hardware or telecommunications equipment. You agree that
you will not transmit or access any data that infringes
any patent, trademark, trade secret, copyright or other
proprietary rights of any party and agree to indemnify
and hold harmless MyMusicInc.com from their claims if
you do.
TECHNOLOGICAL AND USE LIMITATIONS
MyMusicInc.com will make reasonable efforts to keep the
Site operational. However, certain technical
difficulties or routine site maintenance/upgrades may,
from time to time, result in temporary service
interruptions. MyMusicInc.com also reserves the right at
any time and from time to time to modify or discontinue,
temporarily or permanently, functions of the Service
with or without notice. You agree that MyMusicInc.com
shall not be liable to you or to any third party for any
of the direct or indirect consequences of any
modification, suspension, discontinuance of or
interruption to the Service.
INTELLECTUAL PROPERTY RIGHTS
MyMusicInc.com makes no claim to ownership or other
control or rights to any software recommended by the
Service. None of the fee entitles You, as a Purchaser to
any ownership, licensing rights or recourse with regard
to use of the software other than those rights offered
by the software owners or licensees.
PAYMENT
Your account will be considered delinquent if your
credit card company or bank refuses for any reason to
pay the amount billed to it. You agree to pay MyMusicInc.com
all reasonable attorneys fees and collection agency
costs incurred by MyMusicInc.com to collect any past due
amounts.
SUPPORT
Subject to the terms hereof, MyMusicInc.com will provide
you with email support services for the Service and
associated software. Under no circumstances will MyMusicInc.com
have any obligation to provide you with hard-copy
documentation, upgrades, enhancements, modifications, or
phone support.
TERMINATION
You agree that MyMusicInc.com, in its sole discretion,
may terminate your ID, password, account (or any part
thereof) or use of the Service for any reason,
including, without limitation, if MyMusicInc.com
believes that you have violated or acted inconsistently
with the Agreement. MyMusicInc.com may also in its sole
discretion and at any time discontinue providing the
Service, or any part thereof, with or without notice.
You agree that any termination of your access to the
Service under any provision of this Agreement may be
effected without prior notice, and acknowledge and agree
that MyMusicInc.com may immediately deactivate or delete
your account and/or bar any further access to the
Service. Termination shall not relieve you of any
obligations to pay accrued charges.
CANCELLATION
You can cancel your account anytime with no further
obligation. Use the "Contact Us" link on the
web site to cancel your account.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR
SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND AN "AS AVAILABLE" BASIS. WE DO
NOT MAKE, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR
WARRANTIES REGARDING THE SERVICE, THE SITE AND THE
PRODUCTS AND SERVICES OFFERED THROUGH THE SITE OR ANY
PORTION THEREOF, EXPRESS, IMPLIED OR STATUTORY,
INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NONINFRINGEMENT OF THIRD PARTY RIGHTS.
LIMITATION OF LIABILITY
YOU HEREBY AGREE THAT WE WILL NOT BE LIABLE FOR
INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS
OF REVENUE, PROFITS OR DATA ARISING IN CONNECTION WITH
THIS AGREEMENT OR THE SERVICE, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR
AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS
AGREEMENT AND THE SERVICE WILL NOT EXCEED THE TOTAL FEES
PAID BY YOU UNDER THIS AGREEMENT.
MISCELLANEOUS
The failure of either party to exercise in any respect
any right provided for herein will not be deemed a
waiver of any further rights hereunder. If any provision
of this Agreement is found to be unenforceable or
invalid, that provision will be limited or eliminated to
the minimum extent necessary so that this Agreement will
otherwise remain in full force and effect and
enforceable. In any action or proceeding to enforce
rights under this Agreement, the prevailing party will
be entitled to recover costs and attorneys fees.
Effective Nov 15, 2003
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