AGREEMENT BETWEEN USER AND SmasHits Network

AGREEMENT BETWEEN USER AND SmasHits Network The SmasHits Network Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the SmasHits Network Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular SmasHits Network Site included within the SmasHits Network Sites may also be subject to additional terms outlined elsewhere in this agreement (the "Additional Terms"). SmasHits.com, http://www.smashits.com eShop.SmasHits.com, http://eshop.smashits.com Gifts.SmasHits.com, http://gifts.smashits.com LoveFromIndia.com, http://www.lovefromindia.com SmashGreetings.com, http://www.smashgreetings.com Hawahawai.com, http://www.hawahawai.com SmashChat.com, http://www.smashchat.com SmasHitsUSA.com, http://www.smashitsusa.com SmasHost.com, http://www.smashost.com SmashTimes.com, http://www.smashtimes.com SmashAwards.com, http://www.smashawards.com Additionally, the SmasHits Network Sites may themselves contain additional terms that govern particular features or offers (for example, sweepstakes or chat areas). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular SmasHits Network Site, then these terms shall control. MEMBER ACCOUNT, PASSWORD, AND SECURITY If a particular SmasHits Network Site/Service requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and an user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify SmasHits Network immediately of any unauthorized use of your account or any other breach of security. SmasHits Network will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by SmasHits Network or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. MODIFICATION OF THESE TERMS OF USE SmasHits Network reserves the right to change the terms, conditions, and notices under which the SmasHits Network Sites/Services are offered, including but not limited to the charges associated with the use of the SmasHits Network Sites/Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the SmasHits Network Sites/Services constitutes your agreement to all such terms, conditions, and notices. PERSONAL AND NON-COMMERCIAL USE LIMITATION Unless otherwise specified, the SmasHits Network Sites/Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the SmasHits Network Sites/Services. LINKS TO THIRD PARTY SITES The SmasHits Network Sites/Services may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of SmasHits Network and SmasHits Network is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. SmasHits Network is not responsible for webcasting or any other form of transmission received from any Linked Site nor is SmasHits Network responsible if the Linked Site is not working appropriately. SmasHits Network is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SmasHits Network of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. Any dealings with third parties (including advertisers) included within the SmasHits Network Sites/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. SmasHits Network shall not be responsible or liable for any part of any such dealings or promotions. NO UNLAWFUL OR PROHIBITED USE As a condition of your use of the SmasHits Network Sites/Services, you will not use the SmasHits Network Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the SmasHits Network Sites/Services in any manner which could damage, disable, overburden, or impair any SmasHits Network Site/Service(s) (or the network(s) connected to any SmasHits Network Site/Service(s)) or interfere with any other party's use and enjoyment of any SmasHits Network Site/Service(s). You may not attempt to gain unauthorized access to any SmasHits Network Site/Service, other accounts, computer systems or networks connected to any SmasHits Network Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the SmasHits Network Sites/Services. USE OF SERVICES The SmasHits Network Sites/Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise). Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents to do the same. Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages. Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. Restrict or inhibit any other user from using and enjoying the Communication Services. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service. Harvest or otherwise collect information about others, including e-mail addresses. Violate any applicable laws or regulations. Create a false identity for the purpose of misleading others. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of an SmasHits Network Site/Service(s) or other user or usage information or any portion thereof. SmasHits Network has no obligation to monitor the Communication Services. However, SmasHits Network reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. SmasHits Network reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. SmasHits Network reserves the right at all times to disclose any information as SmasHits Network deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SmasHits Network's sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. SmasHits Network does not control or endorse the content, messages or information found in any Communication Service and, therefore, SmasHits Network specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized SmasHits Network spokespersons, and their views do not necessarily reflect those of SmasHits Network. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials. MATERIALS PROVIDED TO SmasHits Network OR POSTED AT ANY SmasHits Network WEB SITE SmasHits Network does not claim ownership of the materials you provide to SmasHits Network (including feedback and suggestions) or post, upload, input or submit to any SmasHits Network Sites/Services or its associated services for review by the general public (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting SmasHits Network, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. SmasHits Network is under no obligation to post or use any Submission you may provide and SmasHits Network may remove any Submission at any time in its sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. SOFTWARE AND CONTENT AVAILABLE THROUGH THE SmasHits Network Sites/Services All content and software (if any) that is made available to view and/or download in connection with the SmasHits Network Sites/Services, excluding content and/or software that may be made available by end-users through a Communication Service, ("Software") is owned by and is the copyrighted work of SmasHits Network and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, SmasHits Network hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular SmasHits Network Sites/Services in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions. LIABILITY DISCLAIMER THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SMASHITS NETWORK SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE SMASHITS NETWORK SITES/SERVICES AND TO THE INFORMATION THEREIN. SMASHITS NETWORK AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SMASHITS NETWORK SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE SMASHITS NETWORK SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. SMASHITS NETWORK CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE SMASHITS NETWORK SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SMASHITS NETWORK AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. YOU SPECIFICALLY AGREE THAT SMASHITS NETWORK SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN SMASHITS NETWORK SITE/SERVICE. YOU SPECIFICALLY AGREE THAT SMASHITS NETWORK IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT SMASHITS NETWORK IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN SMASHITS NETWORK SITE/SERVICE BY ANY THIRD PARTY. IN NO EVENT SHALL SMASHITS NETWORK AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SMASHITS NETWORK SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE SMASHITS NETWORK SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SMASHITS NETWORK SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SMASHITS NETWORK SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SMASHITS NETWORK OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SMASHITS NETWORK SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SMASHITS NETWORK SITES/SERVICES. TERMINATION/ACCESS RESTRICTION SmasHits Network reserves the right, in its sole discretion, to terminate your access to any or all SmasHits Network Sites/Services and the related services or any portion thereof at any time, without notice. SmasHits Network may also terminate or suspend your access to SmasHits Network Site/Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by SmasHits Network. The amount of time that SmasHits Network currently considers as an "extended" period of time may be viewed in the FAQ relating to the particular service. Upon termination of the SmasHits Network Site/Service, your right to use the SmasHits Network Site/Service immediately ceases. SmasHits Network shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party. NO SPAM; DAMAGES SmasHits Network will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay SmasHits Network liquidated damages of $5 (US Currency) for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay SmasHits Network's actual damages, to the extent such actual damages can be reasonably calculated. COPYRIGHT AND TRADEMARK NOTICES All contents of the SmasHits Network Sites are: Copyright © 1999 - 2001 SmasHits Network Corporation and/or its suppliers. All rights reserved. TRADEMARKS. SmasHits, SmashGreetings, and/or other SmasHits Network products referenced herein are either trademarks or registered trademarks of SmasHits Network. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved. SHOPPING (eShop) You are responsible for paying the entire amount due on your purchase, including any applicable taxes, shipping and other charges assessed by the merchant. With respect to applicable taxes, the merchant will advise you subsequently of the exact amount of tax due on your purchase. You represent and warrant that you are at least 18 years of age and that you possess the legal right to use SmasHits Network Shopping in accordance with the stated terms and usage policies. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or registration account to access SmasHits Network Shopping. FEES; PAYMENT SmasHits Network reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the Services. SmasHits Network further reserves the right to alter any and all fees from time to time, without notice. Check the Fee Schedule for any updated fee information each time you use the Services. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the Services. SmasHits.com 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 SmasHits.com ("SmasHits.com" or "we") include the SmasHits.com website (the " SmasHits Website"), and any other features, content, or applications offered from time to time by SmasHits.com in connection with the SmasHits Website (collectively, the " SmasHits Services"). The SmasHits Services are hosted in the U.S. This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the SmasHits Services. By using the SmasHits Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the SmasHits Website) or you are a "Member" (which means that you have registered with SmasHits.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the SmasHits 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 SmasHits Website and discontinue use of the SmasHits Services immediately. If you wish to become a Member, communicate with other Members and make use of the SmasHits Services, you must read this Agreement and indicate your acceptance during the Registration process. This Agreement includes SmasHits.com''s policy for acceptable use of the SmasHits Services and Content posted on the SmasHits Website, your rights, obligations and restrictions regarding your use of the SmasHits Services and SmasHits.com''s Privacy Policy. In order to participate in certain SmasHits 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 SmasHits Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. SmasHits.com may modify this Agreement from time to time and such modification shall be effective upon posting by SmasHits.com on the SmasHits Website. You agree to be bound to any changes to this Agreement when you use the SmasHits 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 SmasHits.com and that you provide to other Users. Your SmasHits.com 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 SmasHits.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and SmasHits.com assumes no responsibility or liability for this material. If you become aware of misuse of the SmasHits Services by any person, please contact SmasHits. SmasHits.com 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 SmasHits Services at any time, for any or no reason, with or without prior notice, and without liability. SmasHits expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of SmasHits Services if SmasHits determines, in its sole discretion, that you pose a threat to SmasHits and/or its Users. 1. Eligibility. Use of and Membership in the SmasHits Services is void where prohibited. By using the SmasHits 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 10 years of age or older; and (d) your use of the SmasHits 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 10 years of age. 2. Term. This Agreement shall remain in full force and effect while you use the SmasHits Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the SmasHits Home Settings page. SmasHits.com 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 SmasHits.com reserves the right to charge for the SmasHits Services and to change its fees from time to time in its discretion. If SmasHits.com 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 SmasHits.com 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 SmasHits 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 SmasHits.com. Illegal and/or unauthorized use of the SmasHits 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 SmasHits 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 SmasHits Services. 6. Proprietary Rights in Content on SmasHits.com. 1. SmasHits.com 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 SmasHits Services. After posting your Content to the SmasHits 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 SmasHits Services, you hereby grant to SmasHits.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the SmasHits Services. Without this license, SmasHits.com would not be unable to provide the SmasHits Services. For example, without the right to modify Member Content, SmasHits.com 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, SmasHits.com could not allow Users to listen to music posted by Members. The license you grant to SmasHits.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to SmasHits.com), fully-paid and royalty-free (meaning that SmasHits.com is not required to pay you for the use on the SmasHits Services of the Content that you post), sublicensable (so that SmasHits.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the SmasHits Services), and worldwide (because the Internet and the SmasHits Services are global in reach). This license will terminate at the time you remove your Content from the SmasHits Services. The license does not grant SmasHits.com the right to sell your Content, nor does the license grant SmasHits.com the right to distribute your Content outside of the SmasHits Services. 2. You represent and warrant that: (i) you own the Content posted by you on or through the SmasHits 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 SmasHits 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 SmasHits Services. 3. The SmasHits Services contain Content of SmasHits.com ("SmasHits.com Content"). SmasHits.com Content is protected by copyright, trademark, patent, trade secret and other laws, and SmasHits.com owns and retains all rights in the SmasHits.com Content and the SmasHits Services. SmasHits.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the SmasHits.com Content (excluding any software code) solely for your personal use in connection with viewing the SmasHits Website and using the SmasHits Services. 4. The SmasHits Services contain Content of Users and other SmasHits.com 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 SmasHits Services. 7. Content Posted. 1. SmasHits.com may delete any Content that in the sole judgment of SmasHits.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. SmasHits.com assumes no responsibility for monitoring the SmasHits Services for inappropriate Content or conduct. If at any time SmasHits.com chooses, in its sole discretion, to monitor the SmasHits Services, SmasHits.com 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 SmasHits Services, and any material or information that you transmit to other Members and for your interactions with other Users. SmasHits.com does not endorse and has no control over the Content. Content is not necessarily reviewed by SmasHits.com prior to posting and does not necessarily reflect the opinions or policies of SmasHits.com. SmasHits.com 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 SmasHits Services. SmasHits.com reserves the right to investigate and take appropriate legal action against anyone who, in SmasHits.com''s sole discretion, violates this provision, including without limitation, removing the offending communication from the SmasHits Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of SmasHits.com: 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 SmasHits Website and through your use of the SmasHits Services. SmasHits.com reserves the right to investigate and take appropriate legal action against anyone who, in SmasHits.com''s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to: 1. 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; 2. advertising to, or solicitation of, any Member to buy or sell any products or services through the SmasHits 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 SmasHits Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent; 3. covering or obscuring the banner advertisements on your personal profile page, or any SmasHits.com page via HTML/CSS or any other means; 4. any automated use of the system, such as using scripts to add friends or send comments or messages; 5. interfering with, disrupting, or creating an undue burden on the SmasHits Services or the networks or services connected to the SmasHits Services; 6. attempting to impersonate another Member or person; 7. for band profiles, copying the code for your SmasHits Player and embedding it into other profiles or asking other Members to embed it into their profiles; 8. 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; 9. selling or otherwise transferring your profile; 10. using any information obtained from the SmasHits Services in order to harass, abuse, or harm another person; 11. 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 SmasHits Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose; or 12. using the SmasHits 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 SmasHits.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to SmasHits.com 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 SmasHits Services in a way that constitutes copyright infringement, please use the “May offend?” link to report it. 10. Member Disputes. You are solely responsible for your interactions with other SmasHits.com Members. SmasHits.com reserves the right, but has no obligation, to monitor disputes between you and other Members. 11. Privacy. Use of the SmasHits Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference. 12. Disclaimers. SmasHits.com is not responsible for any incorrect or inaccurate Content posted on the SmasHits Website or in connection with the SmasHits Services, whether caused by Users of the SmasHits Services or by any of the equipment or programming associated with or utilized in the SmasHits Services. Profiles created and posted by Members on the SmasHits Website may contain links to other websites. SmasHits.com 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 SmasHits.com. Inclusion of any linked website on the SmasHits Services does not imply approval or endorsement of the linked website by SmasHits.com. When you access these third-party sites, you do so at your own risk. SmasHits.com takes no responsibility for third party advertisements which are posted on this SmasHits Website or through the SmasHits Services, nor does it take any responsibility for the goods or services provided by its advertisers. SmasHits.com is not responsible for the conduct, whether online or offline, of any User of the SmasHits Services. SmasHits.com 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. SmasHits.com 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 SmasHits 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 SmasHits Services. Under no circumstances shall SmasHits.com be responsible for any loss or damage, including personal injury or death, resulting from use of the SmasHits Services, attendance at a SmasHits.com event, from any Content posted on or through the SmasHits Services, or from the conduct of any Users of the SmasHits Services, whether online or offline. The SmasHits Services are provided "AS-IS" and as available and SmasHits.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. SmasHits.com cannot guarantee and does not promise any specific results from use of the SmasHits Services. 13. Limitation on Liability. IN NO EVENT SHALL SmasHits.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF SmasHits.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SmasHits.COM''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 SmasHits.COM FOR THE SmasHits SERVICES DURING THE TERM OF MEMBERSHIP. 14. U.S. Export Controls. Software available in connection with the SmasHits Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the SmasHits 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 dispute about or involving the SmasHits Services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of Los Angeles. Either SmasHits.com or you may demand that any dispute between SmasHits.com and you about or involving the SmasHits Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Los Angeles, California, USA, provided that the foregoing shall not prevent SmasHits.com from seeking injunctive relief in a court of competent jurisdiction. 16. Indemnity. You agree to indemnify and hold SmasHits.com, 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 SmasHits 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 SmasHits Website or through the SmasHits Services causes SmasHits.com to be liable to another. 17. Other. This Agreement is accepted upon your use of the SmasHits Website or any of the SmasHits Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and SmasHits.com regarding the use of the SmasHits Services. The failure of SmasHits.com 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. SmasHits.com is a trademark of SmasHits, 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: Support (at) SmasHits with any questions regarding this Agreement. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.