Terms of Service

Last revised: May 15, 2011

      *THESE TERMS OF SERVICE (“TERMS OF SERVICE”) ARE A LEGAL AGREEMENT BETWEEN YOU AND FREE ALL MEDIA, LLC (“US”, “WE”, or “OUR”) AND IT GOVERNS YOUR USE OF THEHYPERLINK “www.freeallmusic.com” www.freeallmusic.com or *.freeallmusic.com WEBSITE (AND ALL SERVICES AND CONTENT AVAILABLE ON OR THROUGH THE WEBSITE WHICH ARE INDIVIDUALLY AND COLLECTIVELY, THE “SERVICE”)*

      *YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF SERVICE (INCLUDING OUR Privacy Policy) AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE SERVICE.*

1.Registration. By registering to use the Service, you are representing to us that you are (i) at least thirteen (13) years of age, and (ii) a resident of, and are accessing the Service from, the United States of America, its territories, commonwealths or possessions (including Puerto Rico.)You represent you are providing us with accurate and complete registration information and that you are using the Service for your own personal, noncommercial entertainment use and not for redistribution or transfer of any kind. Your registration must include your real name and accurate information, even if the Service permits you to interact using a screen name. It is your responsibility to inform us of any changes to that information by e-mailing [E-MAIL ADDRESS] (or, if we provide an online function to make such changes directly, by using such online function).You may not permit any other person to use the Service under your account or screen name. You are responsible for any consequences of such unauthorized use. You specifically agree that you will not misrepresent your identity or your affiliation with any person or entity (including through use of a screen name that identifies or references a name, trademark or service mark of another person or entity without their consent.)

2. Purpose of the Service. The Service allows you to download music recordings, images, video, text, or other material available through the Service (“Content”) which are free of certain Digital Rights Management (DRM) mechanisms, and can be used by you in accordance with the Terms of Service.In return for our agreement to provide the Content to you, you are agreeing to view certain materials (for example, advertisements) and permit us to make uses of certain information you provide to us as specified under these Terms of Service (again, including our #{link_to "Privacy Policy", privacy_policy_path}.) In certain cases, we (or applicable law) may allow you to “opt out” of permitting us to make uses of certain information; however, doing so may render you unable to access or use certain features of the Service (including the ability to download Content). You may not access or interact with the Service by any automated means, including by using automated means to select or download Content or perform your other obligations with respect to the Service (such as viewing advertising which is required for downloading Content.)

3. Specific Provisions Regarding Information We Use or Disclose; Waivers and Releases. As noted, our #{link_to "Privacy Policy", privacy_policy_path} discusses the specifics of what information we collect from you and how we may use it or disclose it to others. However, the following is a general overview of information we collect from you and how we may use it.Again - see the #{link_to "Privacy Policy", privacy_policy_path} for more specifics, as the #{link_to "Privacy Policy", privacy_policy_path} is part of these Terms of Service.

When you register, you voluntarily provide certain information about yourself, such as your real name, ZIP code, birthday and e-mail address.You also pick a screen name, which may be any name you want so long as it does not violate these Terms of Service.When you offer or agree to share information about your download Content with others, we may (but do not always) create an advertisement or other announcement which identifies (i) the Content you downloaded (i.e., song title), (ii) your screen name, and (iii) the entity, product or service who sponsored your download.This advertisement or announcement will be distributed on the Internet and seen by others.In addition, we may share data about you and your use of the Service with third parties (but not your name or e-mail address), such as Content owners or sponsors, and we may share data about you in the event of a suspected violation of these Terms of Service, all as described in the #{link_to "Privacy Policy", privacy_policy_path}.

YOU UNDERSTAND AND AGREE TO THE PRECEDING PARAGRAPH AND THE TERMS OF OUR #{link_to "PRIVACY POLICY", privacy_policy_path}, AND, TO THE EXTENT PERMITTED BY LAW, HEREBY RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS FROM, AND HEREBY WAIVE, ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OUR USE OR DISCLOSURE OF INFORMATION YOU PROVIDE TO US OR REGARDING YOUR USE OF THE SERVICE SO LONG AS OUR USE OR DISCLOSURE IS IN COMPLIANCE WITH OUR #{link_to "PRIVACY POLICY", privacy_policy_path}.THIS RELEASE AND WAIVER SPECIFICALLY INCLUDES, WITHOUT LIMITATION, RELEASES AND WAIVERS OF CLAIMS ARISING UNDER STATUTE, CONTRACT, TORT OR STRICT LIABILITY REGARDING DEFAMATION OR LIBEL, RIGHTS OF PRIVACY, RIGHTS OF PUBLICITY, TRADEMARK AND TRADE NAME (INCLUDING CLAIMS FOR INFRINGEMENT OF TRADEMARK OR TRADE NAME.)YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

4.Limited License; Permitted Uses of Service. You are granted a non-exclusive, non-transferable, revocable license to access and use the Service and Content strictly in accordance with these Terms of Service and solely for your personal, noncommercial entertainment use.The Service and Content may be owned by us or by third parties.However, in all circumstances, you understand and acknowledge that your rights with respect to the Service and Content will be limited by copyright law, and you agree not to make any use of the Service or Content that would infringe the copyright in the Service or Content. You may copy the Content we permit you to download as necessary for your personal, noncommercial entertainment use (i.e., use on personal media devices (.MP3 players, computers, etc.) that you own), but you may not make (or allow others to make) copies for any other purpose.You may not redistribute or make available to other people (including on a network), broadcast, adapt, rent, lend, publicly perform or publicly display any Content, or otherwise transfer any Content to anyone else.

In addition, you may not use the Content as a “ringtone” in connection with phone calls, and you may not use the Content for any advertising or promotional purpose whatsoever.

You agree that you will not attempt to modify any software or Content obtained through the Service for any reason whatsoever, including for the purpose of disguising or changing any indications of the ownership or source of the Content.In addition, you agree that you will not, for any reason whatsoever, reverse engineer, decompile, disassemble, or otherwise tamper with any security components, usage rules or other protection measures applicable to the Service or Content.You agree to abide by the rules and policies established from time to time by us.Such rules and policies will be applied generally in a nondiscriminatory manner to users of the Service, and may include, for example, required or automated updates, modifications, and/or reinstallations of the software and obtaining available patches to address security, interoperability, and/or performance issues.You may not make any other use of the Service without our express consent.You may not access the Service from any location other than the United States of America, its territories, commonwealths or possessions (including Puerto Rico.)

We and/or the owners of the Content may, from time to time, remove Content from the Service without notice.

5. Advertising. The Service contains advertising for third-party products and services, and may contain links to third-party websites (websites that are not owned or controlled by us).We are not responsible for any material, information or products or services contained in or promoted through the advertising or linked websites.You acknowledge and agree that we are not a party to any interaction between you and any third party, even if that interaction is facilitated, in whole or in part, through the Service. If you decide to follow links to third-party websites, additional or different privacy or security policies may apply, and we are not responsible for the privacy or security policies of those sites. You should contact the coordinator of the particular site with any questions about the privacy or security policies of those sites. YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND OR NATURE INCURRED AS THE RESULT OF ANY SUCH INTERACTIONS OR ANY PRACTICES, MATERIAL, INFORMATION, PRODUCT OR SERVICE OF A THIRD PARTY OR THIRD PARTY WEBSITE.

Your Content."Your Content" means any information or materials you (or anyone using your account or screen name) provide to us. Your content expressly includes your screen name. You agree to not provide any of Your Content that infringes, violates, or misappropriates any copyright, trademark, trade secret, or other rights of any third party or applicable law or be defamatory, harassing, indecent, obscene, offensive, threatening, or abusive. We have the right to reject, disable, remove, or ask you to modify Your Content for any reason.

By submitting any of Your Content, you grant us a perpetual, royalty-free, irrevocable, fully paid-up, non-exclusive right and license to use, reproduce, modify, adapt, publish, publicly perform and display, translate, create derivative works from and distribute such of Your Content or incorporate such of Your Content into any form, medium or technology now known or later developed throughout the universe.However, our use of Your Content is still subject to our #{link_to "Privacy Policy", privacy_policy_path} to the extent it consists of your personally-identifiable information and, if there is a conflict between your rights under our #{link_to "Privacy Policy", privacy_policy_path} and the rest of these terms of Service, the #{link_to "Privacy Policy", privacy_policy_path} controls. You represent and warrant that you have all rights necessary to grant us the license in Your Content.

7.Intellectual Property Rights. Except for the limited license contained in Paragraph 4 above, nothing in these Terms of Service grants or should be construed to grant to you any licenses or rights under copyright or other intellectual property rights. All rights, title and interest (including all copyrights, trademarks, service marks, patents and other intellectual property rights) in the Service and Content belong to us or our licensors, as applicable, and all such rights are reserved.

8. DISCLAIMER. THE SERVICE (INCLUDING ALL SOFTWARE, CONTENT AND OTHER INFORMATION, MATERIALS AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE) ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND FROM US OR ANY OWNERS OF CONTENT.WE AND ALL OWNERS OF CONTENT EXPRESSLY DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY OWNERS OF CONTENT REPRESENT OR WARRANT THAT (I) THE USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR OPERATE IN COMBINATION WITH ANY SPECIFIC HARDWARE, SOFTWARE, SYSTEM, DATA, OR CONTENT OR (II) THE SERVICE OR ANY SOFTWARE, CONTENT, INFORMATION, MATERIALS OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAY MAKE IMPROVEMENTS, DELETIONS AND/OR CHANGES TO THE FEATURES, FUNCTIONALITY OR CONTENT OF THE SERVICE, OR TERMINATE THE SERVICE, AT ANY TIME WITHOUT ANY NOTICE OR LIABILITY TO YOU.

9. LIMITATION OF LIABILITY AND DAMAGES. NEITHER we NOR ANY OWNER OF CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) FOR ANY REASON, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM THE USE OF THE SERVICE OR FROM SOFTWARE, CONTENT, INFORMATION, MATERIALS OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE OR FOR ANY DAMAGES IN EXCESS OF THE GREATER OF (i) $100 OR (ii) THE AMOUNT PAID BY YOU FOR THE SPECIFIC ITEM OF CONTENT GIVING RISE TO THE APPLICABLE CLAIM FOR DAMAGES.You may have additional rights under certain laws (such as consumer laws) that do not allow the exclusion of implied warranties or the exclusion or limitation of certain damages. If these laws apply, our exclusions or limitations may not apply to you.

10. Indemnification. You agree to indemnify and hold us, our officers, directors, employees, attorneys, and agents harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) arising out of or in connection with any breach by you of these Terms of Service. This obligation survives any termination of these Terms of Service.

11. Violations. We reserve the right to terminate these Terms of Service or suspend or terminate your access to the Service on notice to you if you violate any provision of these Terms of Service or take any action which could expose us to legal liability.Upon termination, your right to access or use the Service immediately terminates.We reserve all rights with respect to violations of these Terms of Service, including but not limited to the right to block access to the Service from a particular Internet address or user.

12.Governing Law and Non-Waiver. THESE TERMS OF SERVICE WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF GEORGIA WITHOUT GIVING EFFECT TO ITS CONFLICT OF LAW PRINCIPLES OR ANY OTHER PRINCIPLES THAT WOULD RESULT IN THE APPLICATION OF A DIFFERENT BODY OF LAW.The failure of any party to enforce any rights hereunder will not constitute a waiver of any terms or conditions of these Terms of Service.

13.Entire Agreement; Severability of Provisions. In the event any term of these Terms of Service is declared invalid or void by any court or tribunal of competent jurisdiction, such term will be null and void and will be deemed severed from this agreement and all remaining terms will remain in full force and effect. These Terms of Service constitute the entire agreement between you and us with respect to access to and use of the Service.

14. Modifications to Terms of Service; Additional Features. We reserve the right to change these Terms of Service at any time. Updated versions of the Terms of Service will appear on this Service and are effective as of the latest revision date stated at the top of these Terms of Service. You are responsible for regularly reviewing the Terms of Service. Notwithstanding the foregoing, if we make significant changes to our http://freeallmusic.com/app-privacy-policy, we will notify you of such changes through the e-mail address associated with your account.Continued use of the Service after any changes constitutes your consent to such changes. In addition, from time to time, we may offer you new or additional features; additional terms may apply to these features and such additional terms will be deemed part of these Terms of Service (and if they conflict with other terms of these Terms of Service, they will control with respect to such new or additional features). Subscribing to or using such new or additional features constitutes your consent to such additional terms.