Terms Of Service   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.    These Terms of Service apply to the Max-Music Site as well  as any new products or services that we may add in the  future (unless stated otherwise).   General Terms of Service  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 or terminating any user's  right to use the Max Music Site, at Max Music's sole discretion  and without prior notice or liability. You 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.    Community And Email Standards and Conduct 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  express written approval, distribute or otherwise publish  any material containing any solicitation of funds,  promotion, advertising, or solicitation for goods or services.    Your privilege to use the Max Music E-mail and forums Service depends on your compliance with the e-mail and forums 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.         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.    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, 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.  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.