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  GOT LOCAL MUSIC.COM TERMS OF SERVICE OF WEB SITE USE

Version 1.0 as of June 1, 2004

Set forth below are the terms of service (these "Terms of Service") governing the Got Local Music.com web site located at, or linked to through, the root URL www.gotlocalmusic.com, which may expand or change from time to time (the "Website"). As used herein, the term 'Got Local Music.com" refers to Got Local Music, 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 OF SERVICE. BY AVAILING YOURSELF OF THE WEBSITE OR RELATED SERVICES, YOU ARE CONSENTING TO BE BOUND BY THESE TERMS OF SERVICE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME AS DESCRIBED BELOW.

Use of Materials Found on the Website:
The information, artwork, text, 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 Got Local Music.com terms of service. 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 should not attempt to "pass off" 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.

Sites Linked From the Website:
Links to third-party web sites from the Website are not necessarily under Got Local Music.com's control, and Got Local Music.com does not assume any responsibility or liability for any content, opinions or materials available at such third-party web sites. Got Local Music.com does not investigate, monitor or check for accuracy such third-party web sites and Got Local Music.com does not intend any such links to third-party web sites to imply Got Local Music.com's sponsorship or endorsement thereof. Your use of such web sites is at your own risk.

"Framing" the Website:
Framing of the Website is permitted only by express agreement with Got Local Music.com, and Got Local Music.com may require if specific measures are to be taken to avoid user or consumer confusion. Such measures may include, but are not limited to: clearly attributing the displayed Material to the Website or providing each user or consumer with the opportunity to visit the Website directly by, for example, including a tab labeled "Remove Frames." Got Local Music.com reserves the right to withhold consent for any reason and any failure to monitor or control each instance of the framing of the Website shall not be considered a waiver of any of Got Local Music.com's rights. Any framing of the Website shall not imply the endorsement or sponsorship of New Orleans Bands.net, or Got Local Music.com Affiliates, as hereafter defined.

Copyright and Trademark Infringement Policy and Notification Procedure:
Got Local Music.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 Got Local Music.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 Got Local Music.com Submission Agreement at http://www.gotlocalmusic.com.com/terms/submission_agreement.html).

Since Got Local Music.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 URL of the home page and using the email to transmit a message. It has been Got Local Music.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 Got Local Music.com concerning any Content and/or Name being used on the Website in violation of their rights either by providing all requested information in the manner described in Nos. 1-9 below, or by contacting us here. Got Local Music.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, Got Local Music.com either will remove the allegedly infringing Content and/or Name from those web pages identified or, at its election, remove those web pages.

  1. Complainant's full name and if applicable, the name of the business entity represented.

  2. Complainant's mailing address and if applicable, the mailing address of the business entity represented.

  3. Complainant's daytime telephone number.

  4. Complainant's email address, if any.

  5. Description or identification of the Content and/or Name in which exclusive rights are claimed.

  6. Basis for asserting ownership or exclusive rights in the Content and/or Name.

  7. URL of all web pages on the Website where the Content and/or Name is known to be located.

  8. Reprint the following sentence: "By submitting this notification of infringement to Got Local Music.com, under penalty of perjury and to the best of my knowledge I attest that none of the information provided herein is false or misleading, I am the person identified in No. 1 above and I own, or I am authorized to act on behalf of the owner of the Content and/or Name."

  9. Submit - (a) by email, sign electronically, then transmit to info@gotlocalmusic.com; subject: "Infringement Notification;" or (b) by mail, sign physically then mail to Got Local Music.com.

Questions concerning Got Local Music.com's Copyright and Trademark Infringement Policy and Notification Procedure should be addressed as described in No. 9 above.

Please note, until receiving notification from Artists and Complainants that their disputes have been resolved, it is unlikely that Got Local Music.com knowingly will permit any Artist, including the Complainant, to post such allegedly infringing the Content and/or the Name on the Website. Of course, Got Local Music.com will be happy to cooperate as is reasonable with respect to implementing any agreement among the parties to such a dispute.

Forward-Looking Statements:
The Website may contain projections or other forward-looking statements regarding future business events or activities. Got Local Music.com cautions you that any such statements reflect only predictions and that actual developments, results and events might differ materially. Nothing contained on the Website constitutes a solicitation by Got Local Music.com of the purchase or sale of securities.

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

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 NGot Local Music.com's express prior approval, contains advertising or any solicitation with respect to products or services.

International Use:
Got Local Music.com makes no representation that Materials on this Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Website from locations outside the United States do so at their own risk and are responsible for compliance with local laws.

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. GOT LOCAL MUSIC.COM 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, GOT LOCAL MUSIC.COM MAKES NO REPRESENTATION THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. GOT LOCAL MUSIC.COM 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 GOT LOCAL MUSIC BANDS.COM 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 Got Local Music.com and the employees, officers, directors, shareholders, agents, representatives of Got Local Music.com, its affiliates, subsidiaries, advertising, promotion and fulfillment agencies, any entity controlling, controlled by or under common control with Got Local Music.com, any third-party providers or sources of information or data and legal advisers (collectively, "Got Local Music.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 Got Local Music.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 Got Local Music.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 of Servives, your violation of any rights of a third party, or any other act or omission by you. IN NO EVENT WILL GOT LOCAL MUSIC.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 GOT LOCAL MUSIC.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 of Servives 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 Jefferson, 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 of Servives is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Got Local Music.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 of Servives 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 of Servives and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Servives to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

© 2003 Got Local Music.com, All rights reserved.

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