Terms Of Service
Max Music is a multi-purpose service
which allows you to use or
access a wealth of products and
services, including
e-mail, chat rooms and bulletin
boards,as well as a range of other
content (collectively the " Max Music
Service").
These Terms of Service apply to
the Max Music Service as well
as any new products or services
that we may add in the
future (unless stated otherwise).
When using the Max-Music web site, you
agree to the terms and conditions
listed on this page (the "Terms
of Service"). You can
always check out the most current
version of these Terms
of Service at this page. In addition,
when using particular
Max-Music services, you shall be
subject to any posted
guidelines applicable to such services.
All such rules and
guidelines are hereby incorporated
by reference into the
Terms of Service. If you do not
agree to these Terms of
Service or any of the web posted
policies
please do not use the site and do not
register for any services at
Max-Music. We reserve the right, at our
discretion, to change, modify, add,
or remove portions of
these Terms of Service and other
web posted policies
at any time. Please check these
terms periodically for changes.
Your continued use of the
Max-Music Web Site following the
posting of changes to these
terms
will mean you accept those changes.
General Terms of
Service and, Restrictions on Use of Materials
By using the Max-Music Site, you
agree to be legally bound
and to abide by the Terms of Service,
just as if you had
signed this Agreement. If you do
not comply with the
Terms of Service at any time, Max
Music reserves the right to
terminate your access our Web Site.
Max Music may
discontinue or alter any aspect
of service of the Max Music Web Site
including, but not limited to, (i)
restricting the time the
Max Music Service is available,
(ii) restricting the amount of use
permitted, and (iii) restricting
or terminating any user's
right to use the Max Music Service,
at Max Music's sole discretion
and without prior notice or liabilityYou
are responsible for
all charges associated with connecting
to the Max-Music
Site through an available access
number. You are also
responsible for obtaining or providing
all access lines,
telephone and computer equipment
(including modem), or
other device, necessary to access
the Max-Music Site. You
further certify that you are an
individual and you are 18 or older.
All person (s) buying from this site must
be 18 or older as some CD albums may contain explicit lyrics, Max Music
is not held responsible for any lost, mis-directed, misspelled mail. By
viewing any Music CD images and/ or buying products from this
site you are certifying that you are 18 or older and you agree to
release all liability against Max Music, it's alffaites and substadries
and agree to abide to all web posted policies and agreements. Music
CD's availability and price is subject to change without notice.
In order to permit Max Music to
protect the quality of its
products and services, you hereby
consent to Max Music
employees being able to access your
records
on a case by case basis to investigate
complaints or other
allegations, abuse or fraud. Max
Music shall not disclose the existence
or occurrence of such an investigation
unless required by law.
Max Music's Opt-In Mailing List
You may elect to sign up for our free
opt-in mailing list to receive periodic emailings of special promotions
and discounts on products and services and recieve special offers that
Max Music believes to be of interest to our subscribers, as well
as Max Music news and music news in general.
You may choose at any time to opt-out
from being on the mailing list and this will not affect your use of our
other services.
The mailing list is hosted by Listpower.com
by signing up you certify that you have read and agree to abide with listpower's
terms or service, privacy
policy and antispam
policy. List-Power may rent or sell out the information you provide
when you opt-in to the Max Music mailing list to advertisers and/or other
third party companies.
Email Service Agreement
If you are the age of 13 or
older you may elect to register to use our
Max Music Free- E-mail services are hosted
by everyone.net
By registering and/or using the Max Music
e-mail service you agree to abide to this
E-mail Service agreement and our
terms of service as well as everyone.net's privacy
policy.
When you register to use our free email
service everyone.net may collect some or all personal information
that you submitted in the free e-mail registration process.
To see what information is being shared
or collected, or how your information is being used by everyone.net,
please visit their privacy
policy.
Email And Community Standards
and Conduct in Max Music Forums
You acknowledge that all Content,
whether publicly
posted or privately transmitted,
is the sole responsibility
of the person from which such Content
originated. This
means that you are entirely responsible
for all Content
that you post, email or otherwise
transmit via the Max Music
Service. Max Music does not control
all of the Content posted
via the Max Music Service and, as
such, does not guarantee
the accuracy, integrity or quality
of such Content. You
understand that by using the Max
Music Service, you may be
exposed to Content that is offensive,
indecent or
objectionable. Under no circumstances
will Max Music be liable
in any way for any Content, including,
but not limited to,
for any errors or omissions in any
Content, or for any loss
or damage of any kind incurred as
a result of the use of
any Content posted, emailed or otherwise
transmitted via
the Max Music Service.
You agree to not use the Max Music
Service (including the Max Music
Forums described below) to:
upload,
post, email or otherwise transmit any
Content
that is unlawful, harmful, threatening,
abusive,
harassing, tortuous, defamatory, vulgar,
obscene,
libelous, invasive of another's privacy,
hateful,
or racially, ethnically or otherwise
objectionable;
harm minors in any way;
impersonate
any person or entity, including, but not
limited
to, a Max Music official, forum leader, guide or
host, or
falsely state or otherwise misrepresent your
affiliation
with a person or entity;
forge headers
or otherwise manipulate identifiers in
order to
disguise the origin of any Content
transmitted
through the Service;
upload,
post, email or otherwise transmit any
Content
that you do not have a right to transmit
under any
law or under contractual or fiduciary
relationships
(such as inside information, proprietary
and confidential
information learned or disclosed as
part of
employment relationships or under
nondisclosure
agreements);
upload,
post, email or otherwise transmit any
Content
that infringes any patent, trademark, trade
secret,
copyright or other proprietary rights of any
party;
upload, post, email or otherwise transmit any
unsolicited
or unauthorized advertising, promotional
materials,
"junk mail," "spam," "chain letters,"
"pyramid
schemes," or any other form of solicitation,
except
in those areas that are designated for such
purpose;
upload, post, email or otherwise transmit any
material
that contains software viruses or any other
computer
code, files or programs designed to
interrupt,
destroy or limit the functionality of any
computer
software or hardware or
telecommunications
equipment;
disrupt
the normal flow of dialogue, cause a screen
to "scroll"
faster than other users of the Max Music
Service
or an Max Music Forum are able to type, or
otherwise
act in a manner that negatively affects
other users'
ability to engage in real time
exchanges;
interfere with or disrupt the Max Music Service or servers
or networks
connected to the Max Music Service, or
disobey
any requirements, procedures, policies or
regulations
of networks connected to the Max Music
Service;
intentionally or unintentionally violate any applicable
local,
state, national or international law, including,
but not
limited to, regulations promulgated by the
U.S. Securities
and Exchange Commission, any rules
of any
national or other securities exchange,
including,
without limitation, the New York Stock
Exchange,
the American Stock Exchange or the
NASDAQ,
and any regulations having the force of
law; "stalk"
or otherwise harass another member or user
of the
Max Music Service; or collect or store personal data
about other users,
or members.
A "Forum" refers to a chat area,
bulletin board, "instant
messaging" or virtual community
offered as part of the
Max Music Service. Max Music also
provides its users with access to
e-mail. The Forums and e-mail shall
be used only in a
noncommercial manner. You shall
not, without Max Music's
express written approval, distribute
or otherwise publish
any material containing any solicitation
of funds,
promotion, advertising, or solicitation
for goods or
services.
It is our policy to respect the
privacy of all users.
Therefore, in addition to our Privacy
Policy, we will not
monitor, edit, or disclose the contents
of a user or
member e-mail unless required in
the course of normal
maintenance of Max Music Service
and its systems or unless
required to do so by law or in the
good-faith belief that
such action is necessary to: (1)
comply with the law or
comply with legal process served
on Max Music; (2) protect and
defend the rights or property of
Max Music; or (3) act in an
emergency to protect the personal
safety of our users or
the public. You shall remain solely
responsible for the
content of your messages.
All Max Music Forum communications,
including chat and bulletin
board communications are public
and not private
communications. Although Max Music
reserves the right to
remove without notice any Forum
posting for any reason,
we have no obligation to delete
content that you may find
objectionable or offensive. By uploading
materials to any
Forum or submitting any materials
to us, you automatically
grant (or warrant that the owner
of such materials has
expressly granted) us a perpetual,
royalty-free,
irrevocable, non- exclusive right
and license to use,
reproduce, modify, adapt, publish,
translate, create
derivative works from and distribute
such materials or
incorporate such materials into
any form, medium, or
technology now known or later developed
throughout the
universe. In addition, you warrant
that all so-called "moral
rights" in those materials have
been waived.
Your privilege to use the Max Music
Forums and contribute to
discussions on the Max Music Forums
depends on your
compliance with the member conduct
guidelines set forth
above. Max Music may revoke your
registration privileges and/or
take any other appropriate measures
to enforce these
guidelines if violations are brought
to our attention.
Further, Max Music, in its sole
discretion, may terminate your
membership or participation in any
community, chat room
or other Forum for any reason.
Parental permission is required
for children 12 years of age
or under to use any Max Music Forums.
Please remember, when
using any Max Music services or
Forums, you agree to abide by
the member conduct guidelines set
forth above.
Max Music reserves the right to
monitor some, all, or no areas
of Max Music Forums for adherence
to these or other rules that
may be published from time to time.
You acknowledge that
by providing you with the ability
to distribute your
content, Max Music is acting
as a passive conduit for such
distribution and Max Music is not
undertaking any obligation or
liability relating to any content
or activities in any Forum
or Forum area.
You
are prohibited from transmitting any unlawful, threatening, libelous,
defamatory, obscene, scandalous, inflammatory, pornographic, or
profane material or any material that could constitute or encourage
conduct that would be considered a criminal offense, give rise to civil
liability or otherwise violate any law. Max Music will fully
cooperate with any law enforcement authorities or court order
requesting or directing Max Music to disclose the identity
of anyone posting such information or materials.
Your privilege to use the Max Music
E-mail Service depends
on your compliance with the e-mail conduct
guidelines set forth
above. Max Music may revoke your
email address and take any
other appropriate measures
to enforce these
guidelines if violations are brought
to our attention.
Submissions
If at our request you send content
(e.g., emailings, or contests)
or you send us creative suggestions,
ideas, notes, drawings, or other information
(collectively, the "Submissions"),
the Submissions shall be
deemed, and shall remain, the property
of Max Music. None of
the Submissions shall be subject
to any obligation of
confidence on the part of Max Music,
and Max Music shall not be
liable for any use or disclosure
of any Submissions.
Without limitation of the foregoing,
Max Music shall exclusively
own all now known or hereafter existing
rights to the
Submissions of every kind and nature
throughout the
universe and shall be entitled to
unrestricted use of the
Submissions for any purpose whatsoever,
commercial or
otherwise, without compensation
to the provider of the
Submissions.
By submitting any materials to us, you
automatically
grant (or warrant that the owner
of such materials has
expressly granted) us a perpetual,
royalty free,
irrevocable, non- exclusive right
and license to use,
reproduce, modify, adapt, publish,
translate, create
derivative works from and distribute
such materials or
incorporate such materials into
any form, medium, or
technology now known or later developed
throughout the
universe. In addition, you warrant
that all so-called "moral
rights" in those materials have
been waived.
Any communication or material you transmit to the Site by electronic
mail or otherwise, including any data, questions, comments,
suggestions, or the like is, and will be treated as, non confidential
and non-proprietary. Anything you transmit or post may be used by
Max Music or its affiliates for any purpose, including but
not limited to, reproduction, disclosure, transmission, publication,
broadcast and posting. Max Music is free to use any
ideas, concepts, know-how or techniques contained in any
communication you send to the Site for any purpose whatsoever
including, but not limited to, developing, manufacturing and
marketing products using such information.
You acknowledge that the Max-Music
Site contains
information, software, photos, video,
text, graphics,
music, mp3's, sounds or other material
(collectively, "Content")
that are protected by copyrights,
patents, trademarks,
trade secrets or other proprietary
rights, and that these
rights are valid and protected in
all forms, media and
technologies existing now or here
after developed. All
Content is copyrighted as a collective
work under the U.S.
copyright laws.
Service are trademarks of their respective
owners. Max Music's
partners may also have additional
proprietary rights in the
content which they make available
through the Max-Music Site.
You may not modify, publish, transmit,
participate
in the transfer or sale, create
derivative works, or in any
way exploit, any of the Content,
in whole or in part,
except that you may download one
copy of the materials
on any single computer for your
personal, non-commercial
home use only, provided you keep
intact all copyright and
other proprietary notices. Modification
of the materials or
use of the materials for any other
purpose, including use
of any such material on any other
web site or networked
computer environment is strictly
prohibited. You
may not redistribute, sell, decompile,
reverse engineer,
disassemble, or otherwise reduce
the Software to a
human readable form.
In the event you download software
provided by Max Music, the software,
including any files, images incorporated
in or generated by
the software, and data accompanying
the software
(collectively, the "Software") are
licensed to you by Max Music.
Max Music does not transfer title
to the Software to you. You
may not redistribute, sell, decompile,
reverse engineer,
disassemble, or otherwise reduce
the Software to a
human-readable form.
It is strictly prohibited
to modify, transmit, distribute, reuse, re-post,
"frame" or use the content of the Site for public or commercial
purposes including the text, images, audio and/or video without
Max Music's written permission. IT IS STRICTLY
PROHIBITED TO DOWNLOAD THE IMAGES OF THE PRODUCTS FOR
SALE WITHIN THIS SITE.
You are hereby also advised that
Max Music and/ It's Partners will aggressively enforce its
intellectual property rights to the fullest extent of the law, including
the seeking of criminal prosecution.
Shopping Cart Use
If you elect
to use the Max Music Online Shopping Cart
you agree to:
(a)
provide true, accurate, current and complete information
about yourself as prompted by the
Max-Music Billing/Shipping form
(such information being the "Billing/Shipping
Data").
If you provide any information that is
untrue, inaccurate, or incomplete.
Max Music has reasonable grounds
to suspect that such is the
case, Max Music has the right to
suspend the offender
and refuse any and all current or future
use of
the Max-Music Site (or any portion
thereof).
Max Music's CD Quality Guarantee
Max Music guarantee's that all Music CD's
that are sold online are
original, new CD's.
If by chance the Music CD(s) you receive
is in any other condition than new or you recieve a wrong CD we will ship
you the same CD that you ordered, unless the CD is no longer available
than a music CD of your choice of equal or less value will shipped at no
cost to you.
EXCHANGE OF PRODUCT IS PERMITTED IF THE
FOLLOWING CONDTION(S) OCCUR:
PRODUCT TITLE DOES NOT MATCH
PRODUCT TITLE ON ORDER INVOICE.
YOU RECEIVE A DAMAGED/ DEFECTIVE
PRODUCT.
The defective or wrong CD, must be returned
to Max Music with all packaging, jewel case and
enclosed materials included.
Quality Policy Exchange with photocopied
original invoice only.
Exchange within 60 days of sale.
Damaged/ Defective music CD's are
NOT CD's that have been through
customer use, mis-use, abuse and/or
intentional damage.
To claim an exchange for damaged or wrong
music CD.
E-mail your: Full name, music product
number, order number,
music title and
explanation of defect.
To: webmaster@max-music.com
ALL SALES ARE FINAL. NO REFUNDS.
YOU CERTIFY THAT YOU UNDERSTAND
THAT THERE IS NO PRODUCT REFUNDS.
Max Music's Privacy Policy
Pursuant to Max Music's privacy
policy, we will not disclose to
third parties information
contained in
your billing/shipping data,
except, in the good faith
belief that such action is reasonably
necessary to comply with the law,
legal process, or to
enforce the Terms of Service. For
more details, please see our Privacy
Policy.
Links
The Max-Music Site may provide,
or third parties may
provide, links to other World Wide
Web sites or resources.
Because Max Music has no control
over such sites and
resources, you acknowledge and agree
that Max Music is not
responsible for the availability
of such external sites or
resources, and does not endorse
and is not responsible or
liable for any Content, advertising,
products, or other
materials on or available from such
sites or resources. You
further acknowledge and agree that
Max Music shall not be
responsible or liable, directly
or indirectly, for any damage
or loss caused or alleged to be
caused by or in connection
with use of or reliance on any such
Content, goods or
services available on or through
any such site or resource.
DISCLAIMER
Max Music uses diligent efforts
to maintain the Max Music Site,
but Max Music is not responsible
for any defects or failures
associated with the Max-Music Site
or any damages (such
as lost profits or other consequential
damages) that may
result from any such defects or
failures. In addition, Max Music
makes no guarantees as to the sites
and information
located worldwide throughout the
Internet to which you
may access as a result of the use
of the Max-Music Site,
including as to: (i) the accuracy,
currency, content, or
quality of any such sites and information.
Max Music also employs the use of a search
engine that is hosted by everyone.net
Although Max Music uses this search engine
Max Music does not guarantee the accuracy
of the results obtained from any search
inquiry submitted through the search engine.
PLEASE NOTE THE FOLLOWING IMPORTANT
DISCLAIMERS
OF WARRANTIES:
THE MAX-MUSIC SITE IS PROVIDED 'AS
IS' AND YOU USE IT
AT YOUR SOLE RISK MAX MUSIC EXPRESSLY
DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED
TO, FITNESS FOR A
PARTICULAR PURPOSE AND NON INFRINGEMENT.
WITH EXPECTION TO WARRANTIES PROVIDED
IN THIS TERMS OF SERVICE.
WITHOUT LIMITATION. MAX MUSIC MAKES
NO WARRANTY THAT
THE MAX-MUSIC SITE WILL MEET YOUR
REQUIREMENTS,
THAT IT WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR
ERROR FREE, THAT THE RESULTS OBTAINED
FROM THE
USE OF THE MAX-MUSIC SITE
WILL BE ACCURATE OR
RELIABLE, SERVICES, INFORMATION,
OR OTHER MATERIAL OBTAINED
THROUGH THE MAX-MUSIC SITE
WILL MEET YOUR
EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED
THROUGH THE USE OF THE MAX-MUSIC
SITE IS DONE AT
YOUR SOLE RISK AND YOU WILL BE SOLELY
RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS
OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY
SUCH MATERIAL.
Max Music also assumes no responsibility,
and shall not
be liable for any damages to, or viruses that may infect, your
computer equipment or other property on account of your access to,
use of, or browsing in, the Site or your downloading of any
materials, data, text, images, video or audio from the Max Music Site.
FURTHER, PLEASE NOTE THAT NO ADVICE
OR
INFORMATION, OBTAINED BY YOU FROM
MAX MUSIC PERSONNEL
OR THROUGH THE MAX-MUSIC SITE
SHALL CREATE ANY
WARRANTY NOT EXPRESSLY PROVIDED
FOR IN THESE
TERMS OF SERVICE.
Disclaimer Regarding other Web
site Retailers Services and Merchandise
The Max-Music Site provides
shopping services to
purchase music products. Max Music
does not provide any
assurance, warranty or guarantee
of any kind that you will
be satisfied with products
or services that are linked from or through
the Max-Music Site.
Max Music does not endorse any of
the products or services
("Merchandise") linked to from or
through the Max-Music Site, nor has Max Music
taken any steps to confirm the accuracy
or reliability of any of the information provided
by third parties through the Max-Music
site or their own web sites.
Max Music expressly disclaims
any and all representations or
warranties as to the security of
any information (including,
without limitation, credit card
and other personal
information) you might be requested
to give any third
party. We advise you to exercise
your own judgment and
investigate as you deem necessary
before proceeding with
any online or off-line transaction
with any of these third
parties.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE
THAT MAX MUSIC
SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED
TO, DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF MAX MUSIC
HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING
FROM: (i) THE USE OR THE INABILITY
TO USE THE MAX-MUSIC SITE
(ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY
GOODS, DATA, INFORMATION OR SERVICES
PURCHASED
OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE
MAX-MUSIC SITE;
(iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS
OR
CONDUCT OF ANY THIRD PARTY ON THE
MAX-MUSIC SITE ;
OR (v) ANY OTHER MATTER RELATING
TO THE MAX-MUSIC SITE.
YOU (THE OWNER OF THE COMPUTER SYSTEM
CONNECTING TO THE
MAX-MUSIC SITE) AND/OR THE LEGAL PARENT
AND GUARDIAN
ARE ENTIRELY RESPONSIBLE FOR MAKING
SURE
ALL PERSON(S) VIEWING/PURCHASHING
MERCHANDISE FROM THE MAX MUSIC SITE
ARE OF LEGAL AGE TO VIEW/PURCHASE ALL
MERCHANDISE.
MAX MUSIC HAS NO CONTROL OVER WHO VISITS
THE MAX-MUSIC SITE.
FUTHERFORE IF ANY SUCH PERSON (S)
DO VIEW AND/OR PURCHASE MERCHANDISE FROM
THE MAX-MUSIC SITE
ILLEGALLY WHETHER OR NOT
BY PROVIDING INFORMATION FALSELY OR INACCURATELY, YOU AGREE
TO HOLD MAX MUSIC,IT'S AFFILIATES, AND PARTNERS HARMLESS AND IMMUNE TO
ANY ACTIONS BY YOU OR ANY PERSON AUTHORIZED ON YOUR BEHALF
TO INCUR SUCH ACTIONS IN THE PRESENT OR FUTURE
INCLUDING BUT NOT LIMITED TO ANY LEGAL ACTION WHETHER CIVIL OR OTHERWISE.
YOU AGREE TO PROVIDE US WITH THE PERSON(S) INFORMATION ALONG WITH LEGAL
PROOF OF AGE SO THE PERSON(S) MAY BE IMMEDIATELY BANNED FROM ALL FUTURE
SITE USE AND ALL RELATED INFORMATION WILL BE DELETED/DESTROYED.
SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF
CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE MAX MUSIC WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE MAX MUSIC WEB SITE.
Indemnification
YOU ARE ENTIRELY RESPONSIBLE FOR
MAINTAINING THE
CONFIDENTIALITY OF YOUR INFORMATION
AND MAX MUSIC EMAIL PASSWORD.
FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE
FOR ANY
AND ALL ACTIVITIES WHICH OCCUR UNDER
YOUR MAX MUSIC EMAIL ACCOUNT.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD
HARMLESS MAX MUSIC, AFFILIATES
AND SUBSIDIARY COMPANIES,
OFFICERS, DIRECTORS, EMPLOYEES,
CONSULTANTS AND
AGENTS FROM ANY AND ALL THIRD PARTY
CLAIMS,
LIABILITY, DAMAGES AND/OR COSTS
(INCLUDING, BUT
NOT LIMITED TO, ATTORNEYS FEES)
ARISING FROM YOUR
USE OF ANY OF OUR SERVICES, YOUR
VIOLATION OF THE TERMS
OF SERVICE OR YOUR INFRINGEMENT,
OR INFRINGEMENT
BY YOU,
OF ANY
INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.
YOU AGREE TO IMMEDIATELY NOTIFY
MAX MUSIC OF ANY UNAUTHORIZED USE
OF YOUR MAX MUSIC EMAIL ACCOUNT AND ANY OTHER BREACH
OF SECURITY KNOWN TO YOU.
Termination and modification
You agree that Max Music, in its
sole discretion, may terminate
your use of the
Max-Music Site, for any reason, including, without
limitation, for lack of use or if
Max Music believes that you have
violated or acted inconsistently
with the letter or spirit of
the Terms of Service. Max Music
may also in its sole discretion
and at any time discontinue providing
the Max Music Site, or
any part thereof, with or without
notice. You
agree that any termination of your
access to the Max-Music Site
under any provision of this Terms
of Service may
be effected without prior notice,
and acknowledge and
agree that Max Music may immediately
bar any further access to the
Max Music Site. Further, you agree
that Max Music shall not be
liable to you or any third party
for any termination of your
access to the Max Music Site.
Governing Law and Other Miscellaneous
Terms
These terms shall be governed by
and construed in
accordance with the laws of the
State of California,
without giving effect to any principles
of conflicts of law.
You agree that any action at law
or in equity arising out
of or relating to these terms shall
be filed only in the state
or federal courts located in San
Diego County in the State
of California and you hereby consent
and submit to the
personal jurisdiction of such courts
for the purposes of
litigating any such action. If any
provision of these terms
shall be unlawful, void, or for
any reason unenforceable,
then that provision shall be deemed
severable from these
terms and shall not affect the validity
and enforceability
of any remaining provisions. This
is the entire agreement
between you and Max Music relating
to the subject matter
herein and shall not be modified
by you.
The Terms of Service will inure to the
benefit of Max Music's successors, assigns and licensees.
COPYRIGHT AND COPYRIGHT NOTICES
Max Music respects the intellectual
property of others, and we
ask our users to do the same. Max
Music may, in appropriate
circumstances and at its discretion,
terminate the use of the Max Music Site
who infringe the intellectual property
rights of others.