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TERMS OF USE
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THIS AGREEMENT WAS LAST UPDATED ON FEBUARARY 17, 2003.

BY ACCESSING AND USING THIS ISM SOUND WEB SITE (the "Site"), YOU ARE AGREEING TO BE LEGALLY BOUND BY THESE TERMS OF USE.
By using the Site, you are representing that you are at least 13 years old (or the minimum legal age in the jurisdiction in which you are viewing the Site.) We may modify these Terms of Use at any time. Modifications will be posted in these Terms of Use, and your use of the Site after such changes have been posted will constitute your agreement to the modified Terms of Use and all of the changes. You should read these Terms of Use each time you access, and prior to using, the Site.

USE OF SITE
Content on the Site may be displayed and printed solely for your personal, non-commercial use. You may not reproduce, copy, sell, resell or otherwise exploit this Site, or any portion of this Site, without the express prior written consent of Ism Sound Entertainment, Inc. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). We reserve the right to refuse service, terminate accounts, and/or cancel orders in our sole discretion. You are responsible for maintaining the confidentiality of your password(s). In the event of a breach of security through your account, you will be liable for unauthorized use until you notify us at feedback@IsmSound.com.
You are responsible for obtaining access to the Site and understand that access may involve third party fees (such as Internet services provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Site.

FEES AND PAYMENTS
Ism Sound will charge you fees for access to Ism Sound' membership features. In order to use the membership features you will be required to register and create an account using Ism Sound' online Registration Form. All registration information provided by you must be accurate and updated. If any of your registration information changes, you can update it by visiting our Edit Account page. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. Ism Sound reserves the right to change the amount of, or basis for determining, any fees, and to institute new fees, effective upon prior notice to you.
In order to set up an account with Ism Sound you must provide Intellipay with valid credit card information. By submitting such credit card information, you give Ism Sound permission to charge, through Intellipay, all fees incurred through your account to the credit card you designate on the Registration Form. All fees (other than renewal fees) will be charged at the time they are incurred.
Your right to use the membership features is subject to any restrictions established by Ism Sound or by your credit card issuer. If payment cannot be charged to your credit card or your payment is returned for any reason, including charge back, Ism Sound reserves the right to either suspend or terminate your account.

NON-TRANSFERABILITY OF SUBSCRIPTION
Your right to use this Site is personal to you and you may not sub-license, transfer, sell or assign this Agreement to any third party without our approval. Any attempt to do so will be void.

SUBSCRIPTION RENEWAL AND CANCELLATION
Ism Sound will automatically renew and charge your account on or near the date on which your subscription would otherwise expire, unless you give notice to Ism Sound of your desire to cancel your subscription. Notice of intent to cancel your subscription must be given by sending an email to cancel@IsmSound.com, quoting your Ism Sound user name, transaction reference number and your invoice number. If you cancel within the first 7 days of your membership, you will receive a full refund for the amount that you paid upon membership signup. Your access to Ism Sound members' only features will be terminated immediately and all information that you submitted will be removed (audio file uploads, image uploads, etc.).If you cancel 7 days after the start of your membership signup, you will not be eligible for a refund, however you will continue to have access to Ism Sound members' only feature for the remainder of the membership term you signed up for but your account will be set to a 'Cancel Pending' status. Once your membership term has expired, your access to Ism Sound members' only features will be terminated and all information you submitted will be removed (audio file uploads, image uploads, etc.); you will not be billed for a membership renewal. . Ism Sound will not pay pro-rated refunds for subscriptions cancelled prior to the expiration date, whether such cancellation is initiated by you or is initiated by Ism Sound in response to your violation of the TOU. You give permission to Ism Sound to automatically charge your subscription fee to your credit card.

7-DAY MONEY BACK GUARANTEE.
Ism Sound offers each new subscriber a 7-day money back guarantee. You may cancel at any time during the first SEVEN days of your membership and receive a full refund for the amount you paid upon membership signup, by sending an email to cancel@IsmSound.com, quoting your Ism Sound user name, transaction reference number and your invoice number. Canceling your account during the first fourteen days will result in your access to Ism Sound features being terminated and all information that you submitted will be removed (audio file uploads, image uploads, etc.). If you cancel your account after the first 7-days you will not receive a refund, however you will still be able to access Ism Sound features for the remainder of the period for which you have paid. The money back guarantee is available only to new subscribers who have not previously purchased Ism Sound membership.


WARNING
It is possible that other users or unauthorized "hackers" may post or transmit offensive or obscene materials on the Site and that you may be involuntarily exposed to such materials. It may also be possible for other users or "hackers" to obtain personal information about you. By using the Site, you assume the risk of such occurrences.

ONLINE CONDUCT
You agree not to submit, publish or display on the Site any defamatory, abusive, obscene, threatening, racially or sexually offensive or illegal material, or any material that infringes or violates another party's rights. If such information is found posted by your user name or organization, it will be removed from the site. Ism is not obligated to warn you of such removal. If you abuse your rights to post materials to the Ism site by publishing inappropriate or false information, your membership will be terminated without compensation. You agree not to target Ism Sound or any other user with the intent to cause harm, distress, embarrassment or other discomfort. You agree to use the Site in a manner consistent with applicable laws and regulations. You agree not to use a false e-mail address, impersonate any person or entity, utilize more than one screen name, or otherwise mislead as to the origin of content. If you violate these terms Ism Sound may, with or without prior warning, terminate your account without compensation.

INDEMNITY
You agree to defend, indemnify and hold harmless Ism Sound, its subsidiaries, affiliates, officers, directors, employees, agents and licensees from any claims, losses, damages, expenses, demands, and costs (including without limitation reasonable attorneys fees), arising out of or relating to your use of the Site.

DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
YOUR USE OF OUR WEB SITE IS AT YOUR OWN RISK. OUR WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM 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.
WE MAKE NO WARRANTY THAT (i) OUR WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (ii) THE RESULTS OBTAINED FROM OUR SITE WILL BE ACCURATE OR RELIABLE, OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM SUCH DOWNLOAD OR USE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH OUR WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. ISM SOUND AND ITS CONTENT PROVIDERS ARE NOT GIVING LEGAL OR OTHER PROFESSIONAL ADVICE.

LIMITATION ON LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL ISM SOUND, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, LICENSEES OR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE, including but not limited to reliance on information obtained on the Site, mistakes, omissions, interruptions, deletion of files or electronic mail, loss of or damage to data, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Ism Sound' records, programs or services. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT ISM SOUND IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM ISM SOUND OR ITS SUBSIDIARIES AND AFFILIATES.

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 may not apply to you.

INTELLECTUAL PROPERTY
The content displayed on the Site, including without limitation text, graphics, logos, images, artwork, audio clips, digital downloads, data compilations, trademarks, service marks and software, is the exclusive property of Ism Sound or its content suppliers and is protected by copyright, intellectual property and/or trademark laws.

FINDERS FEES
Ism Sound shall be entitled to receive a 15% finders fee from any third party contract Owner enters into that results from the services and efforts provided by Ism Sound and the use of this site (Ismsound.com or Ismsound.net). (i.e. New recording, production, distribution or promotion deals or contracts involving monetary advances or payments for services. This fee is to be in addition to the negotiated contract and not subtracted from the owners agreed amount by third party.) Owner agrees to execute a letter of direction instructing any such third party label to pay Ism directly.


COPYRIGHT COMPLAINTS
Ism Sound respects the intellectual property of others and we ask our users to do the same. If you believe that your copyrighted work has been copied and is accessible on our web site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:
(i) An electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
(ii) A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
(iii) Identification of the location where the original or an authorized copy of the copyrighted work exists, for example, the URL (i.e., web page address) where it is posted or the name of the book in which it has been published.
(iv) Identification of the URL or other specific location on the Site where the material you claim is infringing is located, including enough information to allow us to locate the material.
(v) Your name, address, telephone number and electronic mail address.
(vi) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
(vii) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the author's behalf.

ADDITIONAL TERMS.
The Site contains other terms and conditions, which you agree to observe and follow.

EDITING DELETING AND MODIFICATION
We reserve the right (but not the obligation) in our sole discretion to monitor, edit or delete any documents, activity, information or other content appearing on the Site. If you post content of submit material, and unless we indicate otherwise, you grant Ism Sound and its affiliates a royalty-free, non-exclusive worldwide right and license, but not the obligation, to post, display, exhibit, reproduce, mechanically reproduce, modify, adapt, translate, encode, print, distribute, transmit, retransmit, stream, archive, stream on-demand, make available digitally for download and publicly perform, broadcast, rebroadcast, and webcast through any use of Internet based protocols, distribute in any media through any electronic, wireless or broadband means, now known or hereafter divised, electronically publish and synchronize with visual images, electrically transcript, your content and other materials.

ELECTRONIC MAIL
You agree that we may disclose electronic mail or other postings as required by law or legal officials. YOU AGREE THAT ANY AND ALL ELECTRONIC MAIL AND OTHER POSTINGS SENT OR RECEIVED BY YOU ARE TO BE IN THE PUBLIC DOMAIN AND READILY ACCESSIBLE TO THE PUBLIC.

COMMERCE ON OUR WEBSITE
You may have opportunities to order and purchase merchandise or services through the Site. All transactions relating to merchandise or services offered by any party other than Ism Sound are solely between the seller and you, and you acknowledge that Ism Sound and its subsidiaries and affiliates make no warranties or representations with regard to such merchandise and/or services.

LINKS
The Site may contain links to other web sites or resources. Ism Sound is not responsible for the content or operation of such other web sites or resources, and shall have no liability in connection with them.

MISCELLANEOUS LEGAL PROVISIONS
By accessing the Site, you agree that the laws of the State of Illinois, without regard to principles or conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Ism Sound or its affiliates. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.

ADDITIONAL QUESTIONS
Questions regarding this Terms of Use Agreement should be directed to Info@IsmSound.com.

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