Terms of Use - Stereofame

STEREOFAME.COM - GENERAL TERMS AND CONDITIONS OF USE

Welcome to STEREOFAME.COM ("Stereofame"), owned, produced and operated by Stereofame, Inc., a Florida corporation (the "Corporation"). STEREOFAME.COM is a music-oriented content and information website that provides a service to musical artists and to other entities on behalf of musical artists (each an "Artist" and collectively "Artists") to post information regarding themselves as well as musical content owned and/or created by them. Unless explicitly stated otherwise, any current, updated and new products and services ("Products and Services"), including the addition of new properties shall be subject to these General Terms and Conditions of Use ("Terms and Conditions").

In addition, there are a variety of products and services offered through Stereofame that have separate registration procedures and separate terms and conditions, terms of service, user agreements, or similar legal agreement. When you are using any service or product of Stereofame that does not have a separate legal agreement, the Terms and Conditions set forth here will apply. The Corporation also may supplement the Terms and Conditions with posted guidelines or rules applicable to specific areas of Stereofame. In addition, the Corporation also may offer other services from time to time that are governed by the terms of service of the respective service partners. The Corporation reserves the right to amend these Terms and Conditions at any time, and you are bound by the version posted when you visit Stereofame.

By using Stereofame you agree to be bound by these Terms and Conditions, whether or not you register as a listener ("Listener") or Artist. Because the Terms and Conditions contain legal obligations, please read them carefully.

The Terms and Conditions contain a variety of provisions that are generally applicable to the Products and Services and some provisions that apply to particular Products and Services. You should understand that you will be bound by the entire Terms and Conditions.

Acceptance
Conditions and Restrictions on Use
Registration & Privacy
Responsibility for Minors
Listener and User Conduct
Limited License to Content and Other Information
Third Party Merchandise Sales
SF Player
Profiles
Points
Disclaimer of Warranties
Limitation of Liability
Disclaimer Regarding Third Party Content
Storage
Advertisers and Content Linked to the Stereofame Network
No License; Intellectual Property of Stereofame and Others
Linking to Stereofame; Use of Logo
Indemnity and Release
Limitation of Actions
Copyright, Trademark and Patent Notices
Intellectual Property Infringement Claims
Arbitration, Governing Law and Forum for Disputes
Changes in Terms and Conditions and Changes in Products and Services
Merger
Non-Waiver and Separability
Relationship of Parties
No Resale, Assignment or Sub-Licensing
Successors and Assigns
Termination; Survival
Communications with Users
Submission of Ideas
Export Controls
Violations and Terms and Conditions

1. ACCEPTANCE

By using the Products and Services, you are agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to Stereofame or any Product or Service. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions.

2. CONDITIONS AND RESTRICTIONS ON USE

Use of the Products and Services is subject to compliance with these Terms and Conditions. You shall be authorized to use the Products and Services for personal, non-commercial use only. You acknowledge and agree that the Corporation may terminate your access to the Stereofame or to any of the Products and Services should you fail to comply with the Terms and Conditions or any other guidelines and rules published by the Corporation. Any such termination shall be in the Corporation's sole discretion and may occur without prior notice, or any notice. The Corporation further reserves the right to terminate any user's access to Stereofame or to any of the Products and Services for any conduct that the Corporation, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to the Corporation or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. The Corporation further reserves the right to terminate any user's access to Stereofame or to any of the Products and Services for any reason or for no reason at all, in the Corporation's sole discretion, without prior notice, or any notice.

In order to use the Products and Services, users must have access to the World Wide Web and must navigate the Internet to http://www.STEREOFAME.COM. Where there is mature or adult content on Stereofame, individuals who are less than 18 years of age or are not permitted to access such content under the laws of any applicable jurisdiction may not access such content. There are also other (mainly commerce-related) areas of Stereofame not open to persons under 18 years of age. With respect to general audience content, if the Corporation learns that anyone under the age of 13 has accessed the Products and Services, the Corporation will require verified parental consent, in accordance with the Children's Online Privacy Protection Act of 1998 ("COPPA") and without such consent Stereofame will immediately delete any personal information of each individual. Certain areas of Stereofame, however, may not be available to children under 13 under any circumstances.

The Corporation does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.

3. REGISTRATION AND PRIVACY

Certain of the Products and Services will require the user to register and provide certain data. In consideration of use of such Products and Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various registration forms of the Corporation ("Registration Data") and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, incomplete, or the Corporation has a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, the Corporation has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services.

All of the Registration Data becomes the exclusive property of the Corporation. The Corporation reserves the right to use and reuse all Registration Data and other personally identifiable user information contained therein subject to the Corporation's Privacy Policy. Users may edit, update, alter or obscure their personally identifiable information at any time by following the instructions located in the Corporation's Privacy Policy and on Stereofame.

You acknowledge receipt of the Corporation's Privacy Policy, including our Notice Regarding the Privacy of Children Under 13 While on Stereofame.

4. RESPONSIBILITY FOR MINORS

In cases where you have authorized a minor to use the Products and Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Products and Services; and (iii) the consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT SOME AREAS OF STEREOFAME MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.

5. LISTENER AND USER CONDUCT

You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not the Corporation, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services. The Corporation does not necessarily control the user or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. You acknowledge and agree that by using the Products and Services, you may be exposed to Content that may be deemed offensive, indecent or objectionable. Nevertheless, you agree to use Stereofame at your sole risk. Under no circumstances will the Corporation be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services. As a general matter, the Corporation does not pre-screen user or third party Content posted on Stereofame, although the Corporation reserves the right to do so. The Corporation does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all. The Corporation reserves the right to monitor some, all, or no areas of the Products and Services for adherence to these Terms and Conditions or any other rules or guidelines posted by the Corporation

The Products and Services may only be used for the intended purpose for which such Products and Services are being made available.

Prohibited Conduct

You agree that you will not use the Corporation's Products and Services to:

Upload, post, email, otherwise transmit, or post links to any Content, or select any member or user name or email address, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
Upload, post, email, otherwise transmit, or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age.
Upload, post, email, otherwise transmit, or post links that harm minors in any other way.
Make any sexual request on behalf of a minor or make any sexual request of a minor.
"Stalk" or otherwise harass another.
Collect or store personally identifying information about other users for commercial or unlawful purposes.
Impersonate any person or entity, including, but not limited to, the Corporation or any Corporation official, employee, consultant, or otherwise, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Products and Services.
Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
Upload, post, email, or otherwise transmit, or post links to any Content that facilitates hacking.
Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:
1. Making available copyrighted software or other Content that has had the copyright protection removed.
2. Making available serial numbers for software that can be used to illegally validate or register software.
3. Making available tools that can be used for no purpose other than for "cracking" software or other copyrighted Content.
4. Making available any software files for which the user does not own the copyright or have the legal right to make available.
Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose.
Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Products and Services or Stereofame.
Use automated means, including additional computers, software and scripts, to enhance play in the Corporation promotions, increase the number of plays of songs of any particular artist on Stereofame or increase traffic to the Stereofame artist site of any particular artist.
Use automated means, including spiders, robots, crawlers, or the like to capture or download data from any the Network database of the Corporation.
Conduct your own contests and promotions.
Upload, post, email, otherwise transmit, or post links to any Content regarding any raffle, contest or game requiring a fee by participants.
Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Content from any database of the Corporation, including, without limitation, by incorporating data from any database of the Corporation into any e-mail or "white pages" products or serviced, whether browser-based, based on proprietary client-site applications, web-based, or otherwise.
Sell, distribute, or make any commercial use of data obtained from any database of the Corporation or make any other use of data from any database of the Corporation in a manner which could be expected to offend the person for whom the data is relevant.
Create and maintain a Stereofame artist site that (i) redirects to another web page or (ii) stores or hosts content for remote loading by other web pages. For example, you cannot create a Stereofame artist site, post pictures to the Stereofame artist site, and have other web pages call the Stereofame artist site to retrieve those pictures.
Create and maintain a Stereofame artist site that contains hyperlinks to content not permitted on Stereofame.
Disrupt the normal flow of dialogue in a chat room, cause a screen to "scroll" faster than other users of the Products and Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
Interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services.
Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
Upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market.
Disobey any Corporation employee or representative or interfere with any action by any Corporation employee or representative to redress any violation of these Terms and Conditions.
Access the Products and Services after your account or access has been terminated by the Corporation
Fail to complete any transaction after submitting an order to purchase any goods or services from individual Artist sites, subject to the individual Artist site's terms and conditions governing such transactions.
Submit any order to purchase goods or services from individual Artist sites where you do not intend to complete the transaction.
Purchase any goods or services that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction. The responsibility for ensuring compliance with all such laws shall be the user's alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase such goods or services.
Use any software deployed in connection with the Products and Services to process data as a service to other entities without the express written consent of the Corporation or the party from whom such software may be licensed.
Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with Stereofame, the Products and Services.
Upload, post, email, otherwise transmit, or post links to any material, or act in any manner that is offensive to Stereofame community or the spirit of these Terms and Conditions.
Advertise, offer for sale, or sell any of the following items:
1. Any firearms, explosives, or weapons.
2. Any food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants.
3. Any alcoholic beverages.
4. Any tobacco products for human consumption, including, without limitation, cigarettes and cigars.
5. Any items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, or are harmful to minors.
6. Any controlled substances or pharmaceuticals.
7. Any counterfeit or stolen items.
8. Any dangerous items.
9. Any goods or services that do not, in fact, exist.
10. Any registered or unregistered securities.
11. Any items that violate or infringe the rights of other parties.
12. Any items that you do not have the legal right to sell.
13. Any items where paying the Corporation any of the required transactional or listing fees would cause the Corporation to violate any law.

You acknowledge and agree that the Corporation and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Products and Services at any time, for any reason, or for no reason at all, with or without notice. Without limitation the Corporation and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that violates the Terms and Conditions or is otherwise objectionable as determined by the Corporation, in its sole discretion. the Corporation may also terminate access to, or membership in, Stereofame, or any portion thereof, for violating these Terms and Conditions. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use or purchase of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or obtained through the use of Stereofame, including without limitation, information posted on message boards.

You expressly acknowledge and agree that the Corporation may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of the Corporation, its users and the public. You acknowledge and agree that the technical processing and transmission of the Products and Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by the Corporation with regard to its users may be disclosed in accordance with the Corporation's Privacy Policy.

The Corporation also may suspend or terminate any user account for any Product or Service because of user inactivity. What is considered "user inactivity" varies depending on the Product or Service. If one of your accounts is suspended or terminated for inactivity, your right to use such Product or Service immediately ceases.

6. LIMITED LICENSE TO CONTENT AND OTHER INFORMATION

The Corporation claims no ownership interest in any of the Content (including, without limitation, master recordings, artwork and photographs) posted on Stereofame, and the copyright to all such Content shall remain with its original owner.

By posting Content on Stereofame, you warrant and represent that you own the Content posted by you or otherwise have the right to grant the license set forth in this section, and that such Content does not violate the rights of any third party. You agree to pay all royalties and fees owing to any person by reason of any Content you post on Stereofame.

In order to make it possible for the Corporation to provide the Products and Services, you hereby grant the Corporation a limited, non-exclusive, worldwide, royalty-free license to use, reproduce, modify (for example, re-sizing of photos and/or encoding of audio or video files), transmit, publicly display, publicly perform and distribute any Content posted by you on or through Stereofame, to publish and promote such Content in connection with the particular Products and Services, to publish and promote such Content on any other Corporation website through links to Stereofame, and to sublicense such rights solely as necessary to provide the Products and Services. The license shall terminate at such time as you remove your Content from Stereofame.

In addition, you hereby authorize the Corporation and its advertising and promotion agencies and anyone affiliated with any of them to use your name, assumed stage name and likeness (if an individual) or the name of your band and the likeness of any or all the members thereof (if a group) and any trademarks and logotypes used by you on Stereofame, in advertising and promoting Stereofame and any of the contests provided by or through Stereofame or the Corporation, including but not limited to the use of same on t-shirts promoting Stereofame and any contests provided by or through Stereofame or the Corporation.

7. THIRD PARTY MERCHANDISE SALES

Stereofame may contain links to third party websites where users can purchase goods or services from third party merchants ("Merchants"). By submitting an order to purchase any goods or services from Merchants, users are obligated to complete such transactions, subject to the individual Merchant's terms and conditions governing such transactions. Users are prohibited from submitting orders to purchase goods or services where they do not intend to complete such transactions.

By submitting an order to purchase goods or services from an individual Merchant, you acknowledge that you are entering into a transaction with that Merchant, subject to the terms and conditions and privacy policy of that site, and that Stereofame and the Corporation are not parties to the transaction.

Users are obligated to submit information that is true, accurate, current, and complete. By accepting these Terms and Conditions, you represent and warrant that all such information submitted by you to Merchants is true, accurate, current, and complete. Users are also required to maintain and update all such information in order to ensure that it remains true, accurate, current, and complete. Each time you update such information, you represent and warrant that such information is true, accurate, current, and complete.

Users may not purchase goods or services that they are prohibited from purchasing or possessing by any law applicable to them in their jurisdictions. The responsibility for ensuring compliance with all applicable laws shall be the user's alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase and possess such goods or services.

The Corporation may or may not have a partnership, joint venture, employer-employee, or franchisor-franchisee relationship with any Merchant accessible through Stereofame. the Corporation cannot confirm that any particular Merchant is who that Merchant claims to be. Nor can the Corporation confirm the truth or accuracy of any statements made by Merchants on their websites or control whether Merchants who post statements on Stereofame will act in accordance with those statements. The Corporation will not get involved in any dispute between users and Merchants who post links on Stereofame. The ability to include links is provided only as a convenience, and the inclusion of any link by n Merchant, Artist or user does not imply affiliation, endorsement, or adoption by the Corporation of the linked site or any information contained therein (See also the limitations provided in Section 13).

8. SF PLAYER

The SF Player Audio Player and any software contained therein (collectively, the "SF Player Software") are made available to you free of charge subject to the terms and conditions of this license. You may load the SF Player Software into the temporary storage of your computer each time you use it for the sole purpose of engaging in that use, provided that you do so in accordance with these Terms and Conditions, and such use does not violate the Corporation's intellectual property rights. You agree not to attempt to, or assist another person to attempt to, circumvent, tamper with, modify, disassemble, decompile, reverse engineer, derive the source code of, or create derivative works from, the SF Player Software, and you may not copy, distribute, publicly display, or publicly perform the SF Player Software except as expressly authorized by these Terms and Conditions. You agree not to modify the SF Player Software in any manner or form, or to use modified versions of the SF Player Software, for any purposes. You may not use the SF Player Software to engage in or allow others to engage in any illegal activity. You may not claim any sponsorship by, endorsement by, or affiliation with the Corporation.

By uploading any skins or plug-ins to the SF Player Audio Player, you grant to the Corporation and to users of Stereofame the perpetual, world-wide, royalty free license to copy, distribute, publicly display, publicly perform, and create derivative works from such skins or plug-ins. You represent and warrant that all such skins or plug-ins are original works, created by you, which do not infringe any third party intellectual property, proprietary, or other rights.

AS WITH OTHER PRODUCTS AND SERVICES, THE SF PLAYER SOFTWARE IS SUBJECT TO THE CAPITALIZED LANGUAGE BELOW REGARDING DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY.

the Corporation makes available through Stereofame certain music files solely for your personal use. All such music files are subject to copyright and/or other intellectual property protections afforded to the owners of such works. PLEASE BE ADVISED THAT THE UNAUTHORIZED REPRODUCTION, DISTRIBUTION, PUBLIC DISPLAY, PUBLIC PERFORMANCE, OR CREATION OF DERIVATIVE WORKS FROM SUCH WORKS IS STRICTLY PROHIBITED

Please read the entire Terms and Conditions as all of the Corporation properties, Products and Services are subject to these Terms and Conditions.

9. PROFILES

Listeners and Artists are invited to post content to their profile ("Profile") subject to the following limitations: (a) The Corporation may limit the amount of bandwidth dedicated to any account; and (b) The Corporation reserves the right to display advertising on Profile pages. Please consult the Stereofame Privacy Policy for special terms as they relate to Profiles. Profiles are governed by the entire Terms and Conditions, including, without limitation, Section 5 (Listener and User Conduct), and you are encouraged to review these terms carefully. Under no circumstances may Profiles be used to infringe the copyright or any other right of any person or entity. The Corporation reserves the right to modify or discontinue the Profiles service at any time, and you are encouraged to maintain back-up copies of the content you post on your Profile. The Profile service may only be used by people who are at least 13 years old.

By registering on Stereofame, you represent and warrant that all registration information you submit is truthful and accurate and that you will maintain the accuracy of such information. You further represent and warrant that you are 13 years of age or older and that your use of Stereofame will not violate any applicable law. Your membership is for your sole, personal use, and you will not authorize others to use your account, including your Profile. You are solely responsible for all Content published or displayed through your account, and for your interactions with other users.

Please choose carefully the information you post on your Profile and that you provide to other members. Your Profile may not include the following items: telephone numbers, street addresses, last names, URLs or email addresses, and any photographs posted by you may not contain nudity or any personal information. Please read Section 5 above, Listener and User Conduct, for additional terms and conditions regarding your use of Stereofame.

The information provided by other users in their Profiles may contain inaccurate, inappropriate or offensive material, products or services for which the Corporation assumes no responsibility or liability.

The Corporation reserves the right, in its sole discretion, to reject, refuse to post or remove any Content posted by you, or to restrict, suspend, or terminate your access to all or any part of the Corporation Network, including Stereofame, at any time, for any or no reason, with or without prior notice, and without liability.

10. POINTS

Points earned within the Stereofame Game have no cash value. Stereofame Game points may not be purchased, sold, bartered or traded. Points have no value outside of the Stereofame Point Store. The number of points earned for certain actions and levels of play as well as the amount of points required for items in the Stereofame Point Store may change from time to time and such changes are solely at the discretion of Stereofame. Stereofame reserves without limitation, the right to eliminate points from any Stereofame participants' account that Stereofame management determines were obtained in a manner that violates the rules and/or the spirit of the Stereofame Game.

11. DISCLAIMER OF WARRANTIES

THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. THE CORPORATION DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES TO THE FULLEST EXTENT OF THE LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, THE CORPORATION DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. THE CORPORATION SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE CORPORATION DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. THE CORPORATION DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. THE CORPORATION DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. THE CORPORATION MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY THE CORPORATION.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

12. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL THE CORPORATION OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON STEREOFAME OR THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF THE CORPORATION OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON STEREOFAME OR THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF STEREOFAME OR THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON STEREOFAME OR THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED ON STEREOFAME OR THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON STEREOFAME OR THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN STEREOFAME OR THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF STEREOFAME OR THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, STEREOFAME. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF PROFILES, ARIST PAGES OR OTHER CONTENT STORED THROUGHOUT STEREOFAME.

UNDER NO CIRCUMSTANCES SHALL THE CORPORATION OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

13. DISCLAIMER REGARDING THIRD PARTY CONTENT

Stereofame offers access to numerous third party web pages and content available over the Internet. In overwhelming majority instances, including, but not limited to, sites contained within a directory of links, the Corporation has no control whatsoever over the content of such sites. In other instances, including, but not limited to, web pages hosted on Stereofame or provided to Stereofame by third parties, the Corporation may set guidelines for what may appear on such web pages and may engage in certain screening, but generally exercises no control over the content of such web pages and is unable to police all such content. Third party content accessible through Stereofame from such sources is developed by people over whom Stereofame exercises no control. Similarly, content hosted by Stereofame which is posted by third parties, and, with the exception of certain random screening functions, the Corporation cannot and does not screen such web pages before they are made accessible to other users of Stereofame. Accordingly, neither the Corporation nor its licensors assume any responsibility for the content of any site linked to the Stereofame web site or in any web page hosted for a third party within Stereofame web site. In instances where Stereofame does review the sites that are displayed in directories, indices, and/or references, or where Stereofame makes available directories, indices, and/or references of sites compiled by third parties, the content located at such sites was developed third parties, and review of such sites by the Corporation, if any, is narrowly limited to that which is necessary for compiling the particular set of links.

14. STORAGE

Many features of Stereofame store information on behalf of Listeners & Artists. Examples include, but are not limited to chat, Profiles and postings. the Corporation reserves the right, in its sole discretion, to limit the amount of storage space available per user or to delete materials stored for an excessive period while the Listener's account has been inactive.

15. ADVERTISERS AND CONTENT LINKED FROM THE STEREOFAME NETWORK

The Corporation may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave Stereofame to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology. The Corporation and its affiliated entities have no control over such sites and resources. You acknowledge and agree that the Corporation is not responsible for the availability of such external 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 the Corporation 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.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Stereofame or the Products and Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that the Corporation shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Stereofame or the Product and Services.

16. NO LICENSE; INTELLECTUAL PROPERTY OF STEREOFAME AND OTHERS

Except as expressly provided, nothing within Stereofame or any of the Products and Services shall be construed as conferring any license under any of the Corporation's or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate Stereofame and the Products and Services is protected by copyright, trademark, patent, or other proprietary rights of the Corporation and its affiliates, licensors (including, without limitation, Artists), and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by the Corporation in connection with Stereofame or the Products and Services. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by the Corporation, any of the Corporation's affiliates, or any of the Corporation's service providers. You agree not to use any of the trademarks or service marks or other Content accessible through Stereofame for any purpose other than the purpose for which such Content is made available to users by the Corporation. You agree not to defame or disparage the Corporation and its affiliated entities, the trademarks or service marks of the Corporation, or any aspect of the Products and Services. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the Products and Services or any software or programs used in connection with the Products and Services or Stereofame.

17. LINKING TO STEREOFAME; USE OF LOGO

Stereofame offers a non-assignable, non-transferable, and non-exclusive license to link to Stereofame web sites, using Stereofame logos, subject to the following provisions. Stereofame logos may be placed on a Web site for the sole purpose of creating a link to Stereofame and allowing users of your site to access the Products and Services on Stereofame. Stereofame logos and may not be used for any other purpose, including, among other purposes, to suggest sponsorship by, or affiliation with, or endorsement by Stereofame. Stereofame logos may only be used in accordance with the the Corporation Trademark Usage Guidelines and the instructions found here, and may only be used in the exact size, shape, colors, design, and configuration as found on Stereofame. Stereofame logos may not be altered in any manner. Stereofame logos must appear by themselves, with reasonable spacing (at least the height of the logo) between each side of the applicable logo and other graphic or textual elements. Stereofame logos may not be used to disparage Stereofame, its products or services, or in a manner which, in the Corporation's reasonable judgment, may diminish or otherwise damage the Corporation's good will in the Stereofame logos. By using any such Corporation Network logo, you acknowledge that Stereofame has exclusive rights to the logo, and that all good will generated through your use of the logo will inure to the benefit of Stereofame. If you use Stereofame logos, you must include appropriate attribution, for example: "Stereofame® is a registered trademark of Stereofame, Inc. a Florida corporation. Stereofame, Inc. reserves the right to revoke this license or to alter its terms from time to time, for any or no reason, with or without notice. Stereofame, Inc. reserves the right to take action against any use that does not conform to these provisions."

18. INDEMNITY AND RELEASE

By using Stereofame you agree to indemnify the Corporation, and its officers, employees, and licensors, and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of Stereofame, your use of the Products and Services, or your submission of ideas and/or related materials to the Corporation or from any person's use of any account or password you maintain with Stereofame, regardless of whether such use is authorized by you. By using Stereofame, using the Products and Services, or submitting any ideas and/or related materials to the Corporation, you hereby release the Corporation and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to the Corporation. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES

"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 IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

19. LIMITATION OF ACTIONS

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of Stereofame or the Products and Services must be filed within one (1) year after such claim or cause of action arises, or forever be barred.

20. COPYRIGHT, TRADEMARK, AND PATENT NOTICES

All other marks that appear throughout Stereofame, or the Products and Services belong to the Corporation, the Artists featured on Stereofame, or the respective owners of such marks, and are protected by U.S. and international copyright and trademark laws. Any use of any of the marks appearing throughout Stereofame, or the Products and Services without the express written consent of the Corporation or the owner of the mark, as appropriate, is strictly prohibited.

21. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS

It is the policy of the Corporation to respond expeditiously to claims of intellectual property infringement. The Corporation will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") (including your address, telephone number, and e-mail address; a description of the copyrighted work that you claim has been infringed; a description of where the alleged infringing material is located; a statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law; an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and a statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner) and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Stereofame will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Stereofame will terminate access for Listeners or Artists who are repeat infringers. Notices of claimed infringement should be directed to:

General Counsel
Stereofame, Inc.
814 Highway A1A, Suite 300
Ponte Vedra Beach, FL 32082
Fax: (904) 280-1941
E-mail: legal@stereofame.com

Please put "Notice of Infringement" in the subject line of all such notifications. When the Corporation removes or disables access to any material claimed to be infringing, the Corporation may attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification, although the Corporation makes no promise to do so. Any and all counter notifications submitted by the user will be furnished to the complaining party. The Corporation will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before the Corporation replaces or restores access to any material as a result of any counter notification.

22. ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES

Unless expressly stated to the contrary elsewhere within Stereofame or the Products and Services, all legal issues arising from or related to the use of Stereofame or the Products and Services shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of Florida applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to these Terms and Conditions or any user's use of Stereofame or the Products and Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Jacksonville, Florida, and judgment on the arbitration award may be entered into in any state or federal court in Jacksonville, Florida having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in Jacksonville, Florida having jurisdiction thereof. Except as set forth above, the state and federal courts of Jacksonville, Florida shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms and Conditions or any user's use of the Products and Services. By using the Products and Services and thereby agreeing to these Terms and Conditions, users consent to personal jurisdiction and venue in the state and federal courts in Jacksonville, Florida with respect to all such disputes.

23. CHANGES IN TERMS AND CONDITIONS AND CHANGES IN PRODUCTS AND SERVICES

Stereofame reserves the right to modify the any of Products and Services from time to time, for any reason, and without notice, including the right to terminate any or all of the Products and Services. Stereofame reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes. By using Stereofame you are bound by the version posted when you visit.

24. MERGER

These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter contained herein and supersede any other agreements, proposals and communications, written or oral, between the Corporation and you with respect to the subject matter hereof; except for any other terms and conditions located on any individual web site of the Corporation or in connection with the Products and Services that are incorporated herein by reference to the extent they do not conflict with these Terms and Conditions. To the extent that any other terms and conditions or terms of service conflict with these Terms and Conditions, those other provisions shall control with respect to the use of the particular web site and any Products or Services available on or through the web site or the respective Product or Service at which those other provisions may be found.

25. NON-WAIVER AND SEPARABILITY

The Corporation's failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms and Conditions to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of these Terms and Conditions remain in full force and effect.

26. RELATIONSHIP OF PARTIES

You acknowledge and agree that you and the Corporation are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party has the authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.

27. NO RESALE, ASSIGNMENT, OR SUBLICENSING

You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without prior express written authorization of the Corporation.

28. SUCCESSORS AND ASSIGNS

Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and permitted assigns.

29. TERMINATION; SURVIVAL

These Terms and Conditions shall continue in effect for as long as you use Stereofame or the Products and Services, unless specifically terminated earlier by the Corporation. All provisions of these Terms and Conditions which impose obligations continuing in their nature shall survive termination of these Terms and Conditions.

30. COMMUNICATIONS WITH USERS

You consent to receive communications from the Corporation concerning your use of Stereofame or the Products and Services ("Communications"). The Communications may be those that the Corporation is required to send to you by law concerning the Products and Services ("Required Communications"). The Communications may also be those that the Corporation sends to you for other reasons. You consent to receive Communications electronically. The Corporation may provide these Communications to you by sending an email to the email address you provided in connection with your account or by posting the Communication on Stereofame. You also consent to receive Communications by telephone or by postal mail sent to the postal address you provided in connection with your account. You may change the email or postal address to which the Corporation sends Communications by visiting your personal profile information page.

For a period of 120 days from the date that the Corporation first provided a Required Communication to you in electronic form, you may request a paper copy of such Required Communication by sending a request to Stereofame, Inc., 814 Highway A1A, Suite 300, Ponte Vedra Beach, FL 32082. Attention: Stereofame Customer Service (the "Customer Service Address"). The Corporation may charge a reasonable fee for providing paper copies. You may, without payment of special fees, withdraw your consent to receive Required Communications electronically by sending a notice to the Customer Service Address that identifies your full name, user name and postal mailing address. However, if you withdraw such consent, then the Corporation reserves the right to terminate your right to use the Products and Services, including, without limitation, by terminating your account and any subscription services that you may have.

In order to receive Required Communications, you must provide the Corporation, upon registration with Stereofame, a valid email address to which the Corporation may send electronic mail. Your computer must also have a modem or other means of Internet access, an Internet browser such as Internet Explorer version 6.x or above or Netscape Navigator version 6.x or above, email communications software capable of receiving and storing electronic mail, and a printer, if you wish, for printing electronic communications. The Corporation will provide notice of any changes to these requirements.

31. SUBMISSIONS OF IDEAS

Stereofame is always improving its Products and Services and developing new features. If you have ideas regarding improvements or additions to Stereofame, we would like to hear them -- but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO STEREOFAME BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO THE CORPORATION, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO THE CORPORATION THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT STEREOFAME IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY THE CORPORATION, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.

32. EXPORT CONTROLS

Certain software, and related documentation or technical information, available through Stereofame may be subject to applicable laws and regulations of the United States pertaining to export controls. By using such software or related documentation or technical information, you represent and warrant that you are not located in, or under the control of, or a national or resident of any embargoed country or any country on the U.S. Department of Commerce's Table of Denial Orders. You agree not to export or re-export such software or related documentation or technical information directly or indirectly to any countries that are subject to United States export restrictions.

33. VIOLATIONS OF TERMS AND CONDITIONS

Should you violate these Terms and Conditions or any other rights of the Corporation, the Corporation reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all of the Corporation's or its affiliated entities' web sites.

If you are aware of any violations of these Terms and Conditions, please report them to:

Stereofame, Inc. Abuse Manager
814 Highway A1A, Suite 300
Ponte Vedra Beach, FL 32082

Please read the entire Terms and Conditions, as all of the Corporation's properties, Products and Services are offered subject to these Terms and Conditions.

Last updated May 12, 2008

STEREOFAME.COM - PRIVACY POLICY

Welcome to STEREOFAME.COM ("Stereofame"), owned, produced and operated by Stereo Faem, Inc., a Florida corporation (the "Corporation") and, potentially, in part or in whole, by its parents, subsidiary and affiliate corporations, successors, and assigns. Unless explicitly stated otherwise, any current, updated and new products and services ("Products and Services"), including the addition of new properties shall be subject to this Privacy Policy, as well as the General Terms and Conditions of Use ("Terms and Conditions"). By using Stereofame you agree to be bound by this Privacy Policy and the Terms and Conditions, whether or not you register as a listener ("Listener") or artist ("Artist"). Please read this Privacy Policy carefully.

STEREOFAME.COM is a music-oriented content and information website that provides a service to musical artists and to other entities on behalf of musical artists (each an "Artist" and collectively "Artists") to post information regarding themselves as well as musical content owned and/or created by them. Stereofame members ("Members") can view each others' profiles ("Profiles"), communicate with each other, share photos, post journals and comments, and describe their interests. Registered Listeners can change their Profile information at any time and can control how other Listeners and the service communicates with them. Listeners and Artists are sometimes referred to hereinafter individually and collectively as "Users."

Stereofame cares about online privacy. If you have any questions concerning this privacy policy, please email us at privacy@stereofame.com.

INFORMATION COLLECTION AND USE BY STEREOFAME

Stereofame collects personal information submitted by Members in connection with their profiles, including name, mailing address, email address, telephone number and age to authenticate Members, and to send notifications to Members relating to, without limitation, the Stereofame service, special events, contests and special offers.

As is standard practice on many corporate websites, Stereofame also logs non-personally-identifiable information including IP address, Internet profile information, aggregate user data, and browser type, from Listeners and other visitors to the site. This data is used to improve the website services, to analyze trends, to administer the site, to track visitors' movements around the site and to gather demographic information about our user base as a whole. Stereofame will not use this non-personally identifiable information to market directly to that person. This non-personally-identifiable information may be shared with third-parties to provide more relevant services and advertisements to visitors to the site. User IP addresses are recorded for security and monitoring purposes.

In addition Stereofame uses pixel tags - tiny graphic images - to tell us what parts of our website have been visited or to measure the effectiveness of searches visitors perform on our site. Pixel tags also enable us to send email messages in a format visitors can read. And they tell us whether emails have been opened to assure that we're only sending messages that are of interest to visitors. Stereofame stores all of this information in a secure database.

Member Profile information including Members' pictures and first names is displayed to Members in order to facilitate user interaction in the Stereofame social networking community. Members' full names are never directly revealed to other Members.

Stereofame may also use a Members' email address to send updates, a newsletter or news regarding the service. Stereofame may send email messages which use a "click-through URL" linked to content on Stereofame. When a Listener or other Member clicks one of these URLs, they pass through our web server before arriving at the destination web page. Stereofame tracks this click-through data to help determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked simply avoid clicking text or graphic links in the email.

From time to time, Stereofame or a partner may sponsor a promotion, sweepstake or contest on Stereofame. Members may be asked to provide personal information including name, email address or home address or to answer questions in order to participate. In addition, Stereofame may transfer personal information to certain ad partners that you have explicitly requested to receive information from. It will be clear at the point of collection who is collecting the personal information and whose privacy statement will apply.

Stereofame may also collect information for market research purposes to gain a better understanding of our Members and visitors and thus provide more valuable service. Stereofame also collects information regarding visitor activities on our website, and on related websites. This helps us to determine how best to provide useful information to visitors and to understand which parts of our websites and Internet services are of most interest to them.

In addition, pursuant to the Terms and Conditions, the Corporation and its advertising and promotion agencies and anyone affiliated with any of them may use certain information provided by you in advertising and promoting Stereofame and any of the contests provided by or through Stereofame or the Corporation.

USE OF COOKIES

Stereofame uses cookies to store visitors' preferences and to record session information for purposes including ensuring that visitors are not repeatedly offered the same advertisements, to customize newsletter, advertising, and Web page content based on browser type and user profile information, to help track usage to help us understand which parts of our website are the most popular, where our visitors are going, and how much time they spend there; to make usage of our website even more rewarding as well as to study the effectiveness of our communications to visitors and to customize each visitor's experience and provide greater convenience.

Stereofame does not link the information we store in cookies to any personally identifiable information you submit while on our site. You may be able to configure your browser to accept or reject all or some cookies, or notify you when a cookie is set -- each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences -- however, you must enable cookies from Stereofame in order to use most functions on the site. Please note that Stereofame allows third party advertisers that are presenting advertisements on some of our pages to set and access their cookies on your computer. Advertisers' use of cookies is subject to their own privacy policies, not the Stereofame Privacy Policy.

LINKS

Stereofame contains links to third party websites. Stereofame is not responsible for the privacy policies and/or practices on other sites. When linking to another site, a user should read the privacy policy stated on that site. Our privacy policy only governs information collected on Stereofame.

CHAT ROOMS, PROFILES, MESSAGE BOARDS AND PUBLIC FORUMS

Please be aware that whenever you voluntarily post public information to chat rooms, Profiles, message boards or any other public forum, that information can be accessed by the public and can in turn be used by those people to send you unsolicited communications. The Corporation is not responsible for the personally identifiable information you choose to submit on Stereofame. Please think before you post any personal information online.

CORRECTING/UPDATING OR REMOVING INFORMATION

Stereofame Members may modify or remove any of the personal information contained in their Profile at any time by logging into their account and accessing features such as Edit Profile and Account Info.

EMAIL CHOICE / OPT OUT

Listeners who no longer wish to receive updates or notifications may opt-out. To opt-out, simply log-in to your Member Account, click the "Edit Profile" link and select the "No" button next to "Receive PV Email Updates". All notification emails and Stereofame newsletters also include these instructions for opting-out of those communications in the future.

THIRD PARTY ADVERTISING

Ads appearing on Stereofame may be delivered to Members by Stereofame or one of our web advertising partners. Our web advertising partners may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement. In this way, ad servers may compile information about where you, or others who are using your computer, saw their advertisements and determine which ads are clicked on. This information allows an ad network to deliver targeted advertisements that they believe will be of most interest to you. This privacy statement covers only the use of cookies by Stereofame and does not cover the use of cookies by any third-party advertisers.

SECURITY

Stereofame Member accounts are secured by Member-created passwords. Stereofame takes precautions to insure that account information is kept private. Stereofame uses reasonable measures such as encryption to protect private information that is stored within our database against loss, theft, and misuse, as well as unauthorized access, disclosure, alteration, and destruction, and we restrict access to such private information to those of our employees who need access to perform their job functions, such as our customer service personnel and technical staff. Please note that Stereofame cannot guarantee the security of Member account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of member information at any time. Members are urged to also take precautions to protect their personal data by changing passwords often using a combination of letters and numbers, and using a secure web browser. For any additional information about the security measures Stereofame uses on our website, please contact us at privacy@stereofame.com.

SHARING AND DISCLOSURE OF INFORMATION STEREOFAME COLLECTS

Except as otherwise described in this Privacy Policy, Stereofame will not disclose personal information to any third party unless we believe that disclosure is necessary: (1) to conform to legal requirements or to respond to a subpoena, search warrant or other legal process received by Stereofame, whether or not a response is required by applicable law; (2) to enforce the Stereofame Terms and Conditions or to protect our rights; or (3) to protect the safety of members of the public and Members. Stereofame reserves the right to transfer personal information to a successor in interest that acquires rights to that information as a result of the sale of Stereofame or substantially all of its assets to that successor in interest. For more information, see the "Changes in Our Privacy Policy" section below. The Corporation takes your privacy very seriously. The Corporation does not sell or rent your contact information to other marketers. To help us provide superior service, your personal information may be shared within the Corporation's affiliated businesses and with our third-party service providers who will safeguard it in accordance with Stereofame's privacy policy. There are also times when it may be advantageous for Stereofame to make certain personal information about you available to companies with which Stereofame has a strategic relationship or that perform work for Stereofame to provide products and services to you on our behalf. These companies may help us process information, deliver products to you, manage and enhance customer data, provide customer service, assess your interest in our products and services, or conduct customer research or satisfaction surveys. These companies are also obligated to protect your personal information in accordance with Stereofame's policies. Without such information being made available, it would be difficult for you to purchase products, have products delivered to you, receive customer service, provide us feedback to improve our products and services, or access certain services, offers, and content on the Stereofame website.

PRIVACY OF CHILDREN

None of the Corporation's sites are directed to children under the age of 13. We operate our network of sites in compliance with the Children's Online Privacy Protection Act of 1998, and do not permit registration by, and will not knowingly collect or use personally identifiable information from, anyone under 13 years of age. This requirement is clearly posted during the registration process. In the unlikely event we obtain information from children under the age of 13, we will immediately delete such information.

CHANGES IN OUR PRIVACY POLICY

From time to time Stereofame may make changes to our Privacy Policy. If we make changes, we will post them on our site to make all visitors aware of what the changes are so visitors will always be aware of what information we collect, how we use it, and when we may disclose it. All visitors are bound by any minor changes to the Privacy Policy when she or he uses the site after those changes have been posted. However, if we are going to use a Member's personally identifiable information in a manner materially different from that stated at the time of collection we will post a notice on Stereofame for 30 days before implementing that change.

CONTACTING THE WEB SITE

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at: privacy@stereofame.com.