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Terms of Use Terms of Use Effective July 1, 2008 PLEASE READ THESE TERMS OF USE ("AGREEMENT") CAREFULLY BEFORE USING THE SERVICES OFFERED BY myAWOL, LLC d/b/a LP33.TV (“LP33.TV."). THE WWW.LP33.TV WEBSITE AND DOMAIN NAME, AND ANY OTHER FEATURES, CONTENT, OR APPLICATIONS OFFERED FROM TIME TO TIME BY LP33.tv IN CONNECTION THEREWITH (COLLECTIVELY "WEBSITE") ARE OWNED AND OPERATED BY LP33.TV. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE. BY USING THE WEBSITE IN ANY MANNER, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND LP33.TV'S PRIVACY POLICY POSTED ON THE WEBSITE, WHICH IS INCORPORATED HEREIN BY THIS REFERENCE. You may at any time request a copy of this Agreement by emailing us at: support@LP33.tv, Subject: Terms of Use. 1. Modifications to This Agreement LP33.TV RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MODIFY THIS AGREEMENT AT ANY TIME BY POSTING A NOTICE ON THE WEBSITE, OR BY SENDING YOU A NOTICE VIA EMAIL OR POSTAL MAIL. YOU SHALL BE RESPONSIBLE FOR REVIEWING AND BECOMING FAMILIAR WITH ANY SUCH MODIFICATIONS. SUCH MODIFICATIONS ARE EFFECTIVE UPON FIRST POSTING OR NOTIFICATION, AND USE OF THE WEBSITE OR ANY SERVICES BY YOU FOLLOWING SUCH POSTING OR NOTIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AS MODIFIED. YOU AGREE TO REVIEW THIS AGREEMENT REGULARLY TO ENSURE THAT YOU ARE UPDATED AS TO ANY CHANGES. THIS AGREEMENT, TOGETHER WITH LP33.TV's PRIVACY POLICY, ANY OTHER LEGAL NOTICES PUBLISHED BY LP33.TV ON THE WEBSITE AND ANY ARTIST AGREEMENT YOU MAY HAVE ENTERED INTO WITH COMAPNY, SHALL CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND LP33.TV CONCERNING THE WEBSITE. 2. Website Access 2.1 Subject to your compliance on a continuing basis with all of the terms and conditions of this Agreement, LP33.TV hereby grants you permission to use the Website only as set forth in this Agreement, and provided that: (i) you will not copy or distribute any part of the Website in any medium without LP33.TV's prior written authorization; (ii) you will not alter or modify any part of the Website other than as expressly authorized and then only for such express purpose; (iii) you may not circumvent, disable, violate or attempt to violate, or otherwise interfere with the security or integrity of the Website, the proper operation of the Website, the features that prevent or restrict use or copying of any Content (as the term is defined below) or enforce limitations on use of the Website or the Content therein, or interfere with any activity being conducted on the Website; and (iv) you may not decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up part of the Website. 2.2 In order to access some features of the Website, you may have to create a membership account. You may never use another's account, username or password without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify LP33.TV immediately of any breach of security or unauthorized use of your account. You may be required to expressly accept or reject these Terms of Use when you register; you agree that any requirement that you do so does not in any way vitiate your assent to comply with the Terms of Use. Although LP33.TV will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of LP33.TV or others due to such unauthorized use. 2.3 You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to LP33.TV servers in a given period of time than a single human can reasonably produce in the same period by using a conventional web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any unauthorized commercial solicitation purposes. Unless expressly authorized by the applicable user, you agree not to solicit, for commercial purposes, any users of the Website with respect to their "User Submissions," as that term is defined below. You agree that your User Submissions both will not involve the transmission of "junk mail," "chain letters," "spamming," or other unsolicited mass mailings, and will not contain restricted or password only access pages or hidden pages or images. LP33.TV reserves the right in its sole discretion to block access or discontinue services to offenders, and to investigate and take appropriate legal action against anyone who, in LP33.TV's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. 3. Intellectual Property Rights The content on the Website, including without limitation, the text, software, scripts, graphics, files, images, photos, sounds, music, videos, interactive features and the like (collectively "Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to LP33.TV, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. LP33.TV reserves all rights not expressly granted in and to the Website and the Content. For clarity, you retain ownership of the User Submissions that you create. You agree to not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any other purposes whatsoever any Content, including, but not limited to, image, audio, and visual content, Marks, third party User Submissions, or other proprietary rights not owned by you, (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any right of any third party. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. 4. Term This Agreement shall remain in full force and effect while you use the Website. You may terminate your use of the Website or your membership at any time by emailing support@lp33.tv. LP33.TV may terminate your access to the Website or your membership at any time, for any reason, and without warning. 5. Fees Basic access to the Website is currently provided for free and LP33.TV currently intends to continue to provide basic access to the Website for free, however you acknowledge that LP33.TV reserves the right to charge fees for use of certain features of the Website and to change its fees from time to time, in its sole discretion. 6. User Submissions 6.1 The Website may now, or in the future, also permit users to post their own content on the Website ("User Submissions"). You understand that whether or not such User Submissions are published, LP33.TV does not guarantee any confidentiality with respect to any such submissions. Uploading of content by artists who have entered into an LP33.TV Artist Agreement is governed by the terms of such Agreement, which supersede the terms of this Section 6. 6.2 You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You agree that LP33.TV has no liability with respect to any User Submissions, including, without limitation, your own submissions, and you hereby irrevocably release LP33.TV and its officers and directors, employees, agents, representatives and affiliates, from any and all liability arising out of or relating to User Submissions or any part thereof. In connection with your User Submissions, you affirm, represent, and warrant that you can and will demonstrate to LP33.TV's full satisfaction upon its request that the posting of your User Submission on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. You agree to pay all royalties, fees, and other monies owing any person or entity by reason of any content posted by you to or through the Website. By submitting your User Submissions to the Website, you hereby give LP33.TV all rights and licenses necessary to use and otherwise exploit the User Submissions for any purpose in connection with the Website and LP33.TV’s other related services. These rights are nonexclusive and irrevocable, but you remain the owner of the User Submissions that you create. You also hereby do and shall grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under this Agreement. 6.3 In connection with User Submissions, you further agree that you will not: (i) publish falsehoods or misrepresentations; (ii) submit material that is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, excessively violent, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable; (iii) post advertisements or solicitations of business; or (iv) impersonate another person. LP33.TV does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and LP33.TV expressly disclaims any and all responsibility or liability in connection with User Submissions. 6.4 LP33.TV reserves the right to decide whether Content or a User Submission is inappropriate, or violates this Agreement, including without limitation, due to copyright infringement, violations of intellectual property law, pornography, obscene or defamatory material, or excessive length. LP33.TV also reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages and User Submissions) by you, or to restrict, suspend or terminate your access to all or any part of the Website at any time, for any reason, without prior notice. Notwithstanding the foregoing, LP33.TV assumes no responsibility for monitoring the Website, Content, or User Submissions for inappropriate conduct, or modifying or removing such conduct, Content or User Submissions from the Website. 6.5 It is LP33.TV's policy to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied, displayed or distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue services to repeat offenders. 6.6 LP33.TV reserves the right to discontinue any aspect of the Website at any time. 7. Emails Website members can invite friends to join the service by sending invitation emails via the Website’s automated invitation system. The email addresses that members provide will be stored so that the respondents may be added to the friend's list of the member sending the invitations, and also to send reminders of the invitations. LP33.TV does not sell these email addresses or use them to send any other communication besides invitations, invitation reminders (up to two (2) per email address). Recipients of invitations from the Website may contact LP33.TV to request the removal of their information from LP33.TV’s database. 8. Third Party Websites The Website may contain links to third party websites that are not owned or controlled by LP33.TV. When you access third party websites, you do so at your own risk. LP33.TV encourages you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each third party website that you visit. LP33.TV has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in any third party websites. In addition, LP33.TV will not and cannot monitor, verify, censor or edit the content of any third party site. By using the Website, you expressly relieve LP33.TV from any and all liability arising from your use of any third party website. 9. Warranty Disclaimer TO THE FULLEST EXTENT PERMITTED BY LAW, LP33.TV, ITS SUPPLIERS AND LICENSORS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NEITHER LP33.TV NOR ITS SUPPLIERS NOR LICENSORS, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, MAKES ANY WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/ OR (VI) 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, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. LP33.TV DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CONTENT, PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY ADVERTISING, AND LP33.TV WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF CONTENT, PRODUCTS OR SERVICES. THE WEBSITE IS CONTROLLED AND OFFERED BY LP33.TV FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. LP33.TV MAKES NO REPRESENTATIONS THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM OTHER JURISDICTIONS ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW. 10. Indemnity You agree to defend, indemnify and hold harmless LP33.TV, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, demands, and expenses (including but not limited to, attorneys' fees) arising from: (i) your use of and access to the Website or any Content that you post thereon; (ii) your violation of any term of this Agreement or of your representations and warranties set forth herein; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. 11. Eligibility By using the Website, you represent and warrant that (i) all registration information you submit is accurate and truthful; (ii) you will maintain the accuracy of such information; (iii) you are 18 years of age or older (if you are agreeing to these terms and conditions on behalf of a minor, you certify to LP33.TV that you are such minor’s legal guardian); and (iv) your use of the Website does not violate any applicable law or regulation. Your profile may be deleted and your membership may be terminated without warning, if LP33.TV believes that you are under 16 years of age. 12. Limitation of Liability IN NO EVENT SHALL LP33.TV, ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOST PROFITS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LP33.TV IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SUBJECT TO THE FOREGOING, LP33.TV'S LIABILITY TO YOU FOR ANY REASON, WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO LP33.TV FOR LP33.TV SERVICES IN CONNECTION WITH THE WEBSITE. YOU SPECIFICALLY ACKNOWLEDGE THAT LP33.TV SHALL NOT BE LIABLE FOR ARTIST CONTENT, USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS SOLELY AND ENTIRELY WITH YOU. 13. Assignment You may not transfer or assign this Agreement or any rights and licenses granted hereunder without LP33.TV's prior written consent. LP33.TV may freely transfer, assign, or delegate this Agreement, and any of its rights or obligations hereunder. 14. U.S. Export Controls Any software available in connection with the Website is further subject to United States export controls. No software may be downloaded from the Website or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the software is at your sole risk. 15. Miscellaneous If there is any dispute about or involving the Website, you agree that the dispute shall be governed by the laws of the State of California, without regard to conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Los Angeles, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator(s) with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. Any arbitrator so selected shall have substantial experience in the media industry. The arbitrator shall have the authority to grant specific performance and to allocate between the parties the costs of arbitration (including service fees, arbitrator fees and all other fees related to the arbitration) in such equitable manner as the arbitrator may determine. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for preliminary injunctive relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in Los Angeles, California. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and LP33.TV's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND LP33.TV AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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