This Agreement (the "Agreement") governs your access and use of Modern Music's facilities, bulletin boards and service (the "Service"). In consideration for your right to access and use the Service, you and Modern Music agree as follows: 1. ACCEPTANCE OF TERMS By clicking the "I Accept" button below, you agree to be bound by the terms of this Agreement and any modifications made to it in accordance with Section 15 below. 2. THE MODERN MUSIC SERVICE The Modern Music Service is an online application, enabling businesses and individuals to , join and participate in customized and personalized discussion groups. You understand and agree that the Service is provided "AS-IS" and that Modern Music assumes no responsibility for, among other things, (1) any service outages or interruptions (2) the unavailability of particular boards, features or services, (3) the inability to access the Service, (4) the failure or inability to post materials to the Service, (4) the deletion of materials posted to the Service or (5) the failure to store materials posted to the service. 3. REGISTRATION To take advantage of the Service's full capabilities users must register with Modern Music Forums. You may register as a User by clicking on the Register link on any Modern Music Forum page. If you choose to register, you agree that you will supply Modern Music with the information requested in the registration process, ensure that the information supplied is accurate, and update the information as necessary to ensure that it remains accurate. Information supplied in the registration process, as well as other information provided to Modern Music during your use of the Service is governed by Modern Music's privacy policy that can be viewed at http://www.modernmusic.co.uk/privacy.html. During the registration process, you will be asked to select a password for your individual account. You are solely responsible for maintaining the confidentiality of your password. You agree that anyone with whom you share your password will abide by this Agreement, and that you will be liable for the conduct of those using your account and password. You are encouraged to and may change your password at any time by visiting The My Profile Option of the Modern Music Forum Navagation bar. If you learn of any unauthorized use of your account or password, you agree to notify Modern Music immediately via email to help@modernmusic.co.uk. 4. LICENSE GRANTED TO MODERN MUSIC You grant Modern Music the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt, distribute and publish any Content you post/upload/contribute to the Service, for the purposes of displaying such information on Modern Music's sites and for the promotion and marketing of Modern Music's services. However, Modern Music will not resell, attempt to resell, or otherwise convey these rights to any third party. 5. USER CONDUCT You agree to not use the Service to: (a) violate or solicit the violation of any applicable local, state, national or international law; (b) infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights (c) upload, post, email or otherwise transmit any Content that (1) is unlawful, threatening, abusive, tortious, defamatory, obscene, libelous, or invasive of another's privacy; (2) consists of instructional information on illegal activities, including, but not limited to, hacking, cracking, and phreaking; (3) violates or infringes in any way upon the proprietary rights of others, including, without limitation, copyrighted software, music, photographs, text, videos or artwork; (4) constitutes pornography, or sexual material of an obscene nature or that violates local, state or national laws; (5) is the private information of another such as their addresses, phone number, Social Security number or credit card number; (6) contains software viruses, Trojan horses 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; or (7) you do not have a right to upload or post due to contractual or other legal obligation. (d) impersonate any person or entity, including, but not limited to, a Modern Music official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; (f) interfere with or disrupt the Service, computer servers or boards accessible through the Service; (h) disseminate off-topic messages on boards promoting any product, service, web site, board or venture, or promote boards on the Service through unsolicited electronic mail messages to third parties. If you do use the Service to commit any of the above, Modern Music may, at its sole discretion. terminate your password, account (or any part of it) or ability to use the Service, and remove and discard any Content within the Service. 6. LIMITATIONS, CONDITIONS AND RULES REGARDING SERVICE You agree that Modern Music may establish, in its sole discretion, any limitations, conditions or rules concerning use of the Service, including, for example, the maximum number of messages a user may post to a given board or the Service in a given day, the number of days that posted messages will be available, or the maximum size of a given post. You acknowledge that Modern Music has the right to change these general practices and limits at any time, in its sole discretion, with or without notice. 7. MODIFICATION AND TERMINATION OF SERVICE Modern Music reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice. You agree that Modern Music shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You agree that Modern Music, in its sole discretion, may terminate your password, account (or any part of it) or ability to use the Service, and remove and discard any Content within the Service, for any reason or for no reason, including, without limitation, for lack of use, or for violating the letter or the spirit of this Agreement. You agree that any termination of your access to the Service may be immediate and without prior notice. You further agree that Modern Music shall not be liable to you or any third-party for any termination of your use or ability to access the Service. Specific reasons for such limitation or termination include, but are not limited to the following: (b) using in the registration of your Modern Music membership an email account that is not your own or that is or becomes inactive. (c) reproducing, distributing, republishing or retransmitting material posted by other Modern Music members without the prior permission of such members. Modern Music reserves the right to take any action it deems necessary with respect to your Modern Music or user account if we have reason to believe it may cause us to lose the services of our ISP or suppliers. 8. OTHER WEB SITES AND RESOURCES Third parties using the Service may provide links or access to other web sites and resources. Because Modern Music has no control over such sites and resources, you acknowledge and agree that Modern Music is not responsible for the availability of such 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 Modern 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. 9. NO RESALE, REDISTRIBUTION OR REPURPOSING OF SERVICE OR CONTENT You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, use of the Service, access to the Service or any of the Content accessible through the Service, other than Content as to which you hold the intellectual property rights. 10. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Modern Music EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) Modern Music MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS OBTAINED AND USED AT YOUR SOLE RISK AND DISCRETION 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. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY BY Modern Music. 11. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT Modern 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 Modern Music HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (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 SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. 12. EXCLUSIONS AND LIMITATIONS 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 OF SECTIONS 13 AND 14 MAY NOT APPLY TO YOU. 13. INDEMNITY You agree to indemnify and hold Modern Music, and its subsidiaries, affiliates, officers, agents, employees, and contractors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the law, this Agreement or the rights of another. 14. NOTICES Notices to you may be made via either email or regular mail. Modern Music may also provide notices of changes to this Agreement or the Service by displaying notices or links to notices to you generally on the Service. 15. MODIFICATION We may amend this Agreement at any time by posting the amended terms on our site at http://www.modernmusic.co.uk/company/about_terms.html. All amendments shall automatically be effective 30 days after they are initially posted on our site. Your use of the Service following the effective date of any modifications shall constitute your binding acceptance of those modifications. This Agreement may not be otherwise amended except in a writing signed by an officer of Modern Music. This Agreement was last modified on November 01, 2001.