Set forth below  are the terms and conditions (these "Terms and Conditions")  governing the BeatKings.com Inc web site located at, or linked to  through, the root URL www.BeatKings.com, which may expand or change  from time to time (the "Website"). As used herein, the term  "BeatKings.com" refers to BeatKings.com, the sole owner and  operator of the Website; the term "you" or "your"  refers to an individual, representing yourself or, if applicable,  acting as legal representative for a group, business entity or  corporation.
   
CAREFULLY READ THESE TERMS AND CONDITIONS.  BY AVAILING YOURSELF OF THE WEBSITE OR RELATED SERVICES, YOU ARE  CONSENTING TO BE BOUND BY THESE TERMS AND CONDITIONS AS SUCH TERMS  MAY BE MODIFIED FROM TIME TO TIME AS DESCRIBED BELOW.

Use of  Materials Found on the Website: The information, artwork,  text, video, audio, pictures, software and other intellectual  property (collectively, "Materials") contained on the  Website are protected by copyright and international laws. You may  only access and use the Materials for personal or educational  purposes or as expressly provided for in applicable BeatKings.com  program terms and conditions. You may not otherwise reproduce,  distribute, publicly perform, publicly display, modify or create  derivative works of the Materials, unless authorized by the  appropriate copyright owner(s). In the event that you print Materials  found on the Website, you must include any copyright notice  originally included with the Materials on all copies. You may not  link directly to any media file located on a BeatKings.com server,  except where explictly allowed to do so. You should not attempt to  claim any Materials as your own work. Any computer software  downloadable or otherwise available on the Website is provided  subject to the terms of the applicable license agreement. Before  using any BeatKings.com logo or trademark, please contact  BeatKings.com.

Copyright  and Trademark Infringement Policy and Notification Procedure: BeatKings.com does not own the musical compositions, sound  recordings, art or other written or visual images (collectively, the  "Content") posted by third parties to the Website. All  Content is posted by an individual, group or company (collectively,  the "Artist") who has represented and warranted to  BeatKings.com that, among other things, neither the Content nor the  names, trademarks and service marks under which Content is promoted  (collectively, the "Name") infringes any third party's  copyright, patent, trademark, trade secret or other proprietary  rights, rights of publicity or privacy, or moral rights (see the  section titled 'Representations and Warranties' of the current  BeatKings.com Music Submission Agreement at  http://www.BeatKings.com/docs/legal.cfm).
   
  Since  BeatKings.com is not in a position to determine who has the  prevailing claim to use any particular Content or Name posted to the  Website, its policy on such matters is that they be resolved directly  by the parties alleging misuse of their Content and/or Name (the  "Complainants") and the Artists. We recommend that  Complainants immediately notify Artists about allegations of  infringement by going to the Artist's page on the Website, clicking  the Contact link and contacting the Artist directly. It has been  BeatKings.com's experience that most Artists are honest and  responsible citizens who may not realize they are engaged in  infringing activities. Typically, once notified of a claim, Artists  voluntarily cease using such infringing Content and/or Name on the  Website and elsewhere.
   
  Complainants may notify  BeatKings.com concerning any Content and/or Name being used on the  Website in violation of their rights by sending an email to info@BeatKings.com.  BeatKings.com only shall use information provided by Complainants in  accordance with its then-current Privacy Policy and as reasonably  necessary to address any allegations contained therein, which may  include disclosing some or all of the information to Artists. In most  cases, soon after receiving written notice alleging infringement,  BeatKings.com either will remove the allegedly infringing Content  and/or Name from those web pages identified or, at its election,  remove those web pages.

Refund  policy: BeatKings.com does not offer refunds. If there are  any issues with a premium service or an ordered item please contact  BeatKings.com immediately, we aim to solve any issue amicably.  Premium services (recurring billings) can be cancelled anytime for  any reason. Cancellations by the individual, group or company that  signed up for the premium service (collectively, the "Subscriber")  will be effective after the paid period. In case of cancellation by  the Subscriber the period that is already paid for will not be  reimbursed. The premium service will then remain active until the end  of the paid period. BeatKings.com reserves the right to cancel  premium services for any reason at any time without notification. If  BeatKings.com cancels a premium service before its expiration date,  Subscriber might be entitled to a pro-rated refund of the last  payment. No refund will be given if user violated the Terms and  Conditions of Web Site Use, or the Music Submission  Agreement.
   
  Premium service can be cancelled by emailing  info@BeatKings.com with cancellation request and artist name or order  ID. Cancellation will be confirmed by email.

Your  Conduct: You shall use the Website for lawful purposes only.  You shall not post or transmit via the Website any material which  violates or infringes in any way upon the rights of others, which is  unlawful, threatening, abusive, defamatory, invasive of privacy or  publicity rights, vulgar, obscene, profane or otherwise  objectionable, which encourages conduct that would constitute a  criminal offense, give rise to civil liability or otherwise violate  any law, or which, without BeatKings.com's express prior approval,  contains advertising or any solicitation with respect to products or  services.
   
  In addition, if we feel that a user abuses  the BeatKings.com site in any way, we reserve the right to share  certain information with third parties. Abuses include (but are not  limited to) posssible copyright infringement, possible libel and  slander, possible credit card fraud. BeatKings.com reserves the right  to refuse service, terminate accounts, and/or cancel orders at its  sole discretion and without notification..

Content: The Website offers a wide selection and variety of content to our  members and users. Content may contain profanity or otherwise  inappropriate or offensive material for children or other members  and/or users. Members and/or users must evaluate and bear the risk  associated with the use of the Website and related services.  BeatKings.com suggests that parents should supervise their children's  on-line activities and consider using parental control tools  available to help provide an appropriate on-line environment for  their children. Users are also encouraged to contact BeatKings.com  for evaluation of possible offensive material. BeatKings.com reserves  the right to act on such notices at its sole discretion.

Warranty  Disclaimer. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND  RELATED SERVICES IS AT YOUR SOLE RISK. THE WEBSITE, MATERIALS AND  RELATED SERVICES ARE PROVIDED ON AN "AS IS" AND "AS  AVAILABLE" BASIS. BEATKINGS.COM INC MAKES NO REPRESENTATIONS OR  WARRANTIES WITH REGARD TO THE WEBSITE OR ANY MATERIALS THEREIN,  WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING,  WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS  FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY  ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF  TRADE. IN ADDITION, BEATKINGS.COM INC MAKES NO REPRESENTATION THAT  THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.  BEATKINGS.COM INC WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY  INTERRUPTIONS OR ERRORS ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO  EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION,  ADVICE, INFORMATION OR OTHER CONTENT OR MATERIALS PROVIDED IN  CONNECTION WITH OR OTHERWISE AVAILABLE THROUGH THE WEBSITE. PLEASE  SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE  EVALUATION OF ANY SUCH OPINION, ADVICE, INFORMATION OR OTHER CONTENT.  UNDER NO CIRCUMSTANCE WILL BEATKINGS.COM INC BE LIABLE FOR ANY LOSS  OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE  WEBSITE, OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER-PROTECTION  LAW. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN  WARRANTIES OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO SOME OF THE  ABOVE DISCLAIMER MAY NOT APPLY TO YOU AND NOTHING CONTAINED HEREIN  SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING ANY LIABILITY BEYOND  WHAT IS PERMITTED UNDER APPLICABLE LAW.

Limitation of  Liability. By availing yourself of the Website, Materials or  related services, you agree to release and hold BeatKings.com and the  employees, officers, directors, shareholders, agents, representatives  of BeatKings.com, its affiliates, subsidiaries, advertising,  promotion and fulfillment agencies, any entity controlling,  controlled by or under common control with BeatKings.com, any  third-party providers or sources of information or data and legal  advisers (collectively, "BeatKings.com Affiliates")  harmless from any and all losses, damages, rights, claims and actions  of any kind arising from or related to the Website, Materials or  related services including but not limited to: (a) telephone,  electronic, hardware or software, network, Internet or computer  malfunctions, failures or difficulties of any kind; (b) failed,  incomplete, garbled or delayed computer transmissions; (c) any  condition caused by events beyond the control of BeatKings.com that  may cause the Website or related services to be disrupted or  corrupted; (d) any injuries, losses or damages of any kind arising in  connection with or as a result of your use of the Website, Materials  or related services; or (e) any printing or typographical errors in  any materials associated with the Website, Materials or related  services. In addition, you agree to defend, indemnify and hold  BeatKings.com Affiliates harmless from any claim, suit or demand,  including reasonable attorney's fees, made by a third party due to or  arising out of your utilizing the Website, Materials or related  services, your violation or breach of these Terms and Conditions,  your violation of any rights of a third party, or any other act or  omission by you. IN NO EVENT WILL BEATKINGS.COM BE LIABLE FOR ANY  INDIRECT, STATUTORY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR  ANY LOSS OF REVENUE ARISING OUT OF YOUR AVAILMENT OF MATERIALS  (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF BEATKINGS.COM WAS  ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

General  Provisions: You agree to comply with all applicable laws  regarding the transmission of technical data exported from the United  States or the country in which you reside. Your correspondence or  business dealings with, or participation in promotions of or with  parties found on or through the Website, including payment and  delivery of related goods or services, and any other terms,  conditions, warranties or representations applicable to such  dealings, are solely between you and such parties. These Terms and  Conditions are governed in all respects by the laws of the State of  California as such laws are applied to agreements entered into and to  be performed entirely within California between California residents.  Legal proceedings related to the matters herein shall be brought in  and adjudicated solely in the courts of Sunnyvale, California, United  States of America. Both parties consent to extra-territorial service  of process and submit to the jurisdiction of said courts. If any  provision of these Terms and Conditions is held to be invalid or  unenforceable, such provision shall be struck and the remaining  provisions shall be enforced. BeatKings.com's failure to act with  respect to a breach by you or others does not waive its right to act  with respect to subsequent or similar breaches. These Terms and  Conditions set forth the entire understanding and agreement of the  parties as to the subject matter hereof and supersede all prior  proposals, discussions or agreements with respect thereto. A printed  version of these Terms and Conditions and of any notice given in  electronic form shall be admissible in judicial or administrative  proceedings based upon or relating to these Terms and Conditions to  the same extent and subject to the same conditions as other business  documents and records originally generated and maintained in printed  form.

Age  requirements for use of the Service: This Service is  available for individuals aged 13 years or older. If you are 13 or  older but under the age of 18, you should review these terms and  conditions with your parent or guardian to make sure that you and  your parent or guardian understand these terms and conditions.

Modification  of Terms and Conditions: From time to time BeatKings.com may  modify these Terms and Conditions in its sole discretion. When such  modification is made, BeatKings.com will post a revised version of  these Terms and Conditions on the Website. Modifications will be  effective when they are posted. BeatKings.com is not required to  provide you with notification that any such modification has been  made. It is your responsibility to review these Terms and Conditions  from time to time to be aware of any such modifications. Each time  you log on to the Website, you will be deemed to have accepted any  such modifications.