1. Purpose And Scope: This web site is provided for noncommercial entertainment and education by one individual who records music and develops web sites. It is targeted towards adult California residents.

2. Copyright And License: The web site developer (developer) retains the developer's copyrights, trademarks and all other rights, except for limited licenses herein provided. A limited license is given for web-site visitors (users) to play music directly downloaded or streamed from this site to their computer, view and interact with the web pages as designed, and for the host providing the server (host) to save and allow downloading of the uploaded files to visitors, in compliance with this agreement. No permission is given to otherwise copy, redistribute, perform, create derivative works, or otherwise use the content on other computers, web sites or in other forms, or for any commercial purpose. All rights are reserved except as to those for which express permission is given here.

3. Jurisdiction And Venue: Only courts in California shall have jurisdiction over any issues related in any way whatsoever to this site, and only California law and procedure shall apply to such issues, except choice-of-law rules that would cause any application of non-California law. All users, hosts and others agree to submit to personal jurisdiction of California courts.

4. ARBITRATION AND WAIVER OF JURY TRIAL: As a condition precedent for arbitration or any legal action, any issues or controversies related directly, indirectly, or remotely, in any way whatsoever to this site, including but not limited to, all tort, contract, statutory and equitable claims and defenses, first shall be mediated in good faith at a total cost not exceeding $500.00. If such mediation does not fully resolve such matters, they shall be submitted for binding arbitration under AAA rules as modified herein, and pursuant to any other terms required by California law, in Los Angeles County, and jury and court-trial rights, attorneys' fees, costs and discovery are expressly being completely waived mutually by the parties to this agreement.

5. Waiver Of Warranties: NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OF FITNESS FOR A PARTICULAR PURPOSE, OF MERCHANTABILITY, OR OF PROPRIETARY OWNERSHIP, ARE MADE BY THE DEVELOPER. These and related web pages are provided "AS IS." All users, hosts and others assume the risk of downloading or uploading any files or programs from this site. No indication of the developer's sponsorship by, endorsement of, approval of, ratification of, or affiliation with others and their sites is intended by the developer. The developer does not have control over the host's server, or other sites, and makes no promises or representations about the same. Any trademarks or copyrights that are not the developer's are their owner's. The developer does not intend to recommend or endorse any particular web resources or commercial interests. Any links or references to other sites are provided only as a convenience. Help, information and tips are not to be relied upon, but are merely starting points for site users to further educate themselves or seek expert guidance and then independently make their own informed decisions.

6. Limitation Of Liability: To the fullest extent allowed by law, the developer will incur no liability for any damages of any type whatsoever arising from or related even remotely to this site, whether for developer's negligent or intentional conduct. All users, hosts and others release the developer from any and all liability, even as to claims known or unknown, suspected or unsuspected, present or future, and waive provisions such as and including California Civil Code Section 1542 (which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."). If damages are required by law, they are difficult or impossible to calculate and shall be limited to a combined maximum total of $1,000.00 (one-thousand dollars), which sum includes all interest, penalties, attorneys', experts' fees and costs, and any other amounts whatsoever. The developer shall not be directly or indirectly liable, whether by indemnity or otherwise, for any conduct done by or attributable wholly or partially to the host, users or others.

7. User And Hosts Warranty Of Lawful Use: All activities of users and the host shall be only lawful in connection with this site, and they shall comply with all copyright, trademark, export and any any other applicable laws.

8. Indemnification: The users, hosts and all others related to this site, promise to indemnify and hold harmless the developer as to any and all expenses whatsoever that their actions cause, and/or as to any litigation or legal proceeding damages, costs and/or attorney(s)' fees that relate whatsoever to or arise out of their use, conduct or communications.

9. Termination Of Contract Or Other Site-Related Relationship: Developer may cancel prospectively, but not retroactively, these contractual or other web-site relationships without incurring any future expense or having any further obligation, and may delete or change this web site at anytime without notice. Immediately upon transmission of communication in any manner to the host or its agents that the developer elects to delete this site's files from the host's server, the host's license defined herein shall cease, and posted files shall be deleted promptly, and in no more than 10 days from such notice. The parties agree as a factual recitital that this is not an illusory contract, but instead any past obligations shall survive a prospective cancellation by any party.

10. Integration: This, together with the privacy policy, is the entire agreement, and supersedes any other. Use of this site, or any other action relating to it, by anyone or any entity, shall be done only in accordance with this agreement. This agreement governs and becomes binding in the form as posted at the time of each initial site access of users, and (as to hosts) at the time of each uploading of a file to the host server, and, as such, cannot be superseded or modified, except in writing by the author with the express mutual agreement of the parties.

11. Severability: Any unenforceable and/or void provisions are severable from the rest which shall remain effective.

12. Non-Waiver By Developer: Any non-enforcement of provisions by the developer shall not constitute a waiver of them.

 

Copyright 2006 Ty.T.

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