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Terms of Use

Access to and use of this site ('mp3.net') is provided by Mp3 Dot Net Inc. subject to the following terms:
By using mp3.net you agree to be legally bound by these terms, which shall take effect immediately on your first use of Mp3.net. If you do not agree to be legally bound by all the following terms please do not access and/or use Mp3.net.

MP3 DOT NET Inc. may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by Mp3 Dot Net. Your continued use of mp3.net after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use Mp3.net content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any mp3.net content except for your own personal, non-commercial use. Any other use of mp3.net content requires the prior written permission of Mp3 Dot Net.

You agree to use Mp3.net only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of mp3.net. Prohibited behavior includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within mp3.net.

Disclaimers and Limitation of Liability


Mp3.net content, including the information, names, images, pictures, logos and icons regarding or relating to Mp3 Dot Net Inc. and/or MP3 DOT NET Inc, its products and services (or to third party products and services), is provided "AS IS" and on an "IS AVAILABLE" basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

Under no circumstances will Mp3 Dot Net Inc. be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of Mp3.net regardless of the form of action.

Mp3 Dot Net Inc. does not warrant that functions contained in Mp3.net content will be uninterrupted or error free, that defects will be corrected, or that mp3.net or the server that makes it available are free of viruses or bugs.
Intellectual Property
The names, images and logos identifying Mp3 Dot Net Inc. or third parties and their products and services are subject to copyright, design rights and trademarks of Mp3 Dot Net Inc, and/or third parties. Nothing contained in these terms shall be construed as conferring by implication, any license or right to use any trademark, patent, design right or copyright of Mp3 Dot Net Inc, or any other third party.

TERMS OF USE AS A MEMBER
Mp3.Net is a social networking service that allows Members to create unique personal profiles online in order to find and communicate with old and new friends. The services offered by Mp3.Net ("Mp3.Net " or "we") include the Mp3.Net website (the "Mp3.Net Website"), the Mp3.Net Internet messaging service, and any other features, content, or applications offered from time to time by Mp3.Net in connection with the Mp3.Net Website (collectively, the "Mp3.Net Services"). The Mp3.Net Services are hosted in the U.S.


This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Mp3.Net Services. By using the Mp3.Net Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Mp3.Net Website) or you are a "Member" (which means that you have registered with Mp3.Net ). The term "User" refers to a Visitor or a Member. You are only authorized to use the Mp3.Net Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Mp3.Net Website and discontinue use of the Mp3.Net Services immediately. If you wish to become a Member, communicate with other Members and make use of the Mp3.Net Services, you must read this Agreement and indicate your acceptance during the Registration process.


This Agreement includes Mp3.Net 's policy for acceptable use of the Mp3.Net Services and Content posted on the Mp3.Net Website, your rights, obligations and restrictions regarding your use of the Mp3.Net Services and Mp3.Net 's Privacy Policy. In order to participate in certain Mp3.Net Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Mp3.Net Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: privacy@Mp3.Net , Subject: Terms of Use Agreement.


Mp3.Net may modify this Agreement from time to time and such modification shall be effective upon posting by Mp3.Net on the Mp3.Net Website. You agree to be bound to any changes to this Agreement when you use the Mp3.Net Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on Mp3.Net and that you provide to other Users. Your Mp3.Net profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Mp3.Net Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Mp3.Net assumes no responsibility or liability for this material. If you become aware of misuse of the Mp3.Net Services by any person, please contact Mp3.Net or click on the "Report Inappropriate Content" link at the bottom of any Mp3.Net page.


Mp3.Net reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Mp3.Net Services at any time, for any or no reason, with or without prior notice, and without liability.

  1. Eligibility. Use of and Membership in the Mp3.Net Services is void where prohibited. By using the Mp3.Net Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Mp3.Net Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age.
  2. Term. This Agreement shall remain in full force and effect while you use the Mp3.Net Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. Mp3.Net may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.
  3. Fees. You acknowledge that Mp3.Net reserves the right to charge for the Mp3.Net Services and to change its fees from time to time in its discretion. If Mp3.Net terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
  4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Mp3.Net immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
  5. Non-commercial Use by Members. The Mp3.Net Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Mp3.Net . Illegal and/or unauthorized use of the Mp3.Net Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Mp3.Net Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Mp3.Net Services.
  6. Proprietary Rights in Content on Mp3.Net .
    1. Mp3.Net does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the Mp3.Net Services. After posting your Content to the Mp3.Net Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the Mp3.Net Services, you hereby grant to Mp3.Net a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Mp3.Net Services.

    Without this license, Mp3.Net would be unable to provide the Mp3.Net Services. For example, without the right to modify Member Content, Mp3.Net would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, Mp3.Net could not allow Users to listen to music posted by Members. The license you grant to Mp3.Net is non-exclusive (meaning you are free to license your Content to anyone else in addition to Mp3.Net ), fully-paid and royalty-free (meaning that Mp3.Net is not required to pay you for the use on the Mp3.Net Services of the Content that you post), sublicensable (so that Mp3.Net is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Mp3.Net Services), and worldwide (because the Internet and the Mp3.Net Services are global in reach). This license will terminate at the time you remove your Content from the Mp3.Net Services. The license does not grant Mp3.Net the right to sell your Content, nor does the license grant Mp3.Net the right to distribute your Content outside of the Mp3.Net Services.

    2. You represent and warrant that: (i) you own the Content posted by you on or through the Mp3.Net Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Mp3.Net Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Mp3.Net Services.
    3. The Mp3.Net Services contain Content of Mp3.Net ("Mp3.Net Content"). Mp3.Net Content is protected by copyright, trademark, patent, trade secret and other laws, and Mp3.Net owns and retains all rights in the Mp3.Net Content and the Mp3.Net Services. Mp3.Net hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Mp3.Net Content (excluding any software code) solely for your personal use in connection with viewing the Mp3.Net Website and using the Mp3.Net Services.
    4. The Mp3.Net Services contain Content of Users and other Mp3.Net licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Mp3.Net Services.

  7. Content Posted.
    1. Mp3.Net may delete any Content that in the sole judgment of Mp3.Net violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Mp3.Net assumes no responsibility for monitoring the Mp3.Net Services for inappropriate Content or conduct. If at any time Mp3.Net chooses, in its sole discretion, to monitor the Mp3.Net Services, Mp3.Net nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
    2. You are solely responsible for the Content that you post on or through any of the Mp3.Net Services, and any material or information that you transmit to other Members and for your interactions with other Users. Mp3.Net does not endorse and has no control over the Content. Content is not necessarily reviewed by Mp3.Net prior to posting and does not necessarily reflect the opinions or policies of Mp3.Net . Mp3.Net makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
  8. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Mp3.Net Services. Mp3.Net reserves the right to investigate and take appropriate legal action against anyone who, in Mp3.Net 's sole discretion, violates this provision, including without limitation, removing the offending communication from the Mp3.Net Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Mp3.Net :
    1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    2. harasses or advocates harassment of another person;
    3. exploits people in a sexual or violent manner;
    4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
    5. solicits personal information from anyone under 18;
    6. provides any telephone numbers, street addresses, last names, URLs or email addresses;
    7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
    8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
    9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
    10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
    11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
    12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
    13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
    14. includes a photograph of another person that you have posted without that person's consent; or
    15. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
    The following is a partial list of the kind of activity that is illegal or prohibited on the Mp3.Net Website and through your use of the Mp3.Net Services. Mp3.Net reserves the right to investigate and take appropriate legal action against anyone who, in Mp3.Net 's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
    16. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
    17. advertising to, or solicitation of, any Member to buy or sell any products or services through the Mp3.Net Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Mp3.Net Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Mp3.Net reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Mp3.Net deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Mp3.Net Services, you acknowledge that you will have caused substantial harm to Mp3.Net , but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Mp3.Net $50 for each such unsolicited email or other unsolicited communication you send through the Mp3.Net Services;
    18. covering or obscuring the banner advertisements on your personal profile page, or any Mp3.Net page via HTML/CSS or any other means;
    19. any automated use of the system, such as using scripts to add friends or send comments or messages;
    20. interfering with, disrupting, or creating an undue burden on the Mp3.Net Services or the networks or services connected to the Mp3.Net Services;
    21. attempting to impersonate another Member or person;
    22. for band profiles, copying the code for your Mp3.Net Player and embedding it into other profiles or asking other Members to embed it into their profiles;
    23. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
    24. selling or otherwise transferring your profile;
    25. using any information obtained from the Mp3.Net Services in order to harass, abuse, or harm another person;
    26. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Mp3.Net Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or
    27. using the Mp3.Net Services in a manner inconsistent with any and all applicable laws and regulations.
  9. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Mp3.Net to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Mp3.Net by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Mp3.Net Services in a way that constitutes copyright infringement, please provide our Copyright Agent with 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 located on the Mp3.Net Services; (iv) your address, telephone number, and email address; (v) a written 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. Mp3.Net 's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Mp3.Net , Inc., 8391 Beverly Blvd., #349, Los Angeles, CA 90048; Facsimile: (310) 969-7394; Attn: Copyright Agent; Email: copyrightagent@Mp3.Net .
  10. Member Disputes. You are solely responsible for your interactions with other Mp3.Net Members. Mp3.Net reserves the right, but has no obligation, to monitor disputes between you and other Members.
  11. Privacy. Use of the Mp3.Net Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
  12. Disclaimers. Mp3.Net is not responsible for any incorrect or inaccurate Content posted on the Mp3.Net Website or in connection with the Mp3.Net Services, whether caused by Users of the Mp3.Net Services or by any of the equipment or programming associated with or utilized in the Mp3.Net Services. Profiles created and posted by Members on the Mp3.Net Website may contain links to other websites. Mp3.Net is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Mp3.Net . Inclusion of any linked website on the Mp3.Net Services does not imply approval or endorsement of the linked website by Mp3.Net . When you access these third-party sites, you do so at your own risk. Mp3.Net takes no responsibility for third party advertisements which are posted on this Mp3.Net Website or through the Mp3.Net Services, nor does it take any responsibility for the goods or services provided by its advertisers. Mp3.Net is not responsible for the conduct, whether online or offline, of any User of the Mp3.Net Services. Mp3.Net assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Mp3.Net is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Mp3.Net Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Mp3.Net Services. Under no circumstances shall Mp3.Net be responsible for any loss or damage, including personal injury or death, resulting from use of the Mp3.Net Services, attendance at a Mp3.Net event, from any Content posted on or through the Mp3.Net Services, or from the conduct of any Users of the Mp3.Net Services, whether online or offline. The Mp3.Net Services are provided "AS-IS" and as available and Mp3.Net expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Mp3.Net cannot guarantee and does not promise any specific results from use of the Mp3.Net Services.

  13. Limitation on Liability. IN NO EVENT SHALL MP3 DOT NET BE LIABLE TO YOU OR ANY 3RD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF MP3.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MP3.NET 'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MP3 DOT NET FOR THE MP3 DOT NET SERVICES DURING THE TERM OF MEMBERSHIP.

  14. U.S. Export Controls. Software available in connection with the Mp3.Net Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Mp3.Net Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

  15. Disputes. If there is any conflict between these terms and specific terms appearing elsewhere on Mp3.net (including local house rules) then the latter shall prevail. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
    These terms shall be governed by and interpreted in accordance with the laws of Montreal, Quebec, Canada
    Mp3 Dot Net Inc. © 2004
    6981A Alfred-De-Vigny,
    Montreal, Quebec
    Canada, H4K 2M4
  16. Indemnity. You agree to indemnify and hold Mp3.Net , its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Mp3.Net Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Mp3.Net Website or through the Mp3.Net Services causes Mp3.Net to be liable to another.
  17. Other. This Agreement is accepted upon your use of the Mp3.Net Website or any of the Mp3.Net Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Mp3.Net regarding the use of the Mp3.Net Services. The failure of Mp3.Net to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Mp3.Net is a trademark of Mp3.Net , Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact us at: Contact Mp3.Net with any questions regarding this Agreement.