YOU AND SUPERSTARTUNES.COM, OWNED AND OPERATED BY SUPERSTARTUNES.COM. (THE "COMPANY", "WE" OR "US") AGREE THAT YOUR ACCESS TO AND USE OF THE SUPERSTARTUNES.COM WEB SITE (THE "WEB SITE"), IS SUBJECT TO YOUR AGREEMENT TO THE TERMS AND CONDITIONS LISTED BELOW, WHICH WILL BECOME A BINDING AGREEMENT BETWEEN YOU AND THE COMPANY (THE "AGREEMENT"). THE COMPANY IS WILLING TO ALLOW YOU ACCESS TO THE WEB SITE ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS AGREEMENT. PLEASE READ THESE TERMS CAREFULLY. AFTER READING THE TERMS, IF YOU AGREE TO THEM, PLEASE INDICATE YOUR DECISION BY CLICKING ON "I AGREE" AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE, INDICATE YOUR DECISION BY CLICKING ON "I DO NOT AGREE" AND YOU WILL BE RETURNED TO THE HOME PAGE OF THIS WEB SITE.

1. REGISTRATION. In order to gain access to the services (the "Services") offered by the Web Site, you will need to register as a user. Either you or the Company may terminate your user registration at any time. Upon termination of your registration as a "user", you will no longer be allowed access to the Web Site or the Services offered through the Web Site. You represent that all information you provide during the registration process and at any time thereafter ("Registration Information") will be true, accurate, complete, and current and that you will promptly update your Registration Information as necessary such that it is, at all times, true, accurate, complete, and current. The Company may use all Registration Information, subject to Company's compliance with the Company Privacy Policy that can be found HERE (the "Privacy Policy"). This Agreement includes terms and conditions set forth in the Privacy Policy. By indicating your agreement to this Agreement, you are consenting to have your personal data used by the Company as set forth in the Privacy Policy.

2. AGE RESTRICTIONS. Individuals under the age of 13 are prohibited from accessing the Web Site without verified parental consent furnished to Company in accordance with the Children's Online Privacy Protection Act of 1998. You hereby represent and warrant that you are 14 years of age or older. SOME AREAS OF THE WEB SITE MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.

3. PUBLISHING OF CONTENT. You hereby acknowledge and agree that you are solely responsible for all materials that you post or publish on the Web Site, including without limitation, information, code, data, text, software, music, sound, links, photographs, pictures, graphics, video, chat, messages, files and any other materials ("Content"). You represent, warrant and agree that no Content submitted by you or through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You represent and warrant that you have all legal rights necessary to publish any Content on the Web Site or that you own such Content. You hereby acknowledge and agree that Company shall, at all times, possess the right to refuse to include and/or to cause the removal of any or all of your Content for any reason and at its sole discretion. You hereby acknowledge and agree that Company may, at its sole discretion, disclose your Content in order to:
(i) comply with law enforcement, court orders, or the legal process; and/or
(ii) protect the rights and safety of individuals; and/or
(iii) settle disputes over intellectual property ownership.
The Company owns, protects and enforces copyrights in its own creative material and respects the copyright properties of others. Materials may be made available on the Web Site, or via the Web Site, by third parties not within the control of the Company. It is our policy not to permit materials known by us to be infringing to remain on this Web Site. You should notify us promptly if you believe any materials on this Web Site infringe a third party copyright. Upon our receipt of a proper notice of claimed infringement under the Digital Millennium Copyright Act ("DMCA"), we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue.

BEFORE READING FURTHER, PLEASE CONSIDER THE FOLLOWING:

Sections 4, 5 and 6 of these Terms and Conditions of Use can be confusing and we apologize for the legalese that is used. But the bottom line is that at no time will either Superstartunes.com or a user have any rights to sell or commercialize your music. When you publish a music file to the Web Site, you have two choices. You can make the file available for listening or you can allow others to download and copy the file. If you chose the first option, users can only listen to the music file depending on the section where the content is uploaded. No other rights are transferred to us or to users. We can not sell or distribute the music file, or make it available for any commercial purpose without your permission. The only thing we can do with the music file is allow users to play it on our Web Site or inside of Widgets that are available from the Web Site (the Widget can be located on our Web Site or another web site). If you chose the second option, a user can download and store the music file with or without charge depending on the section it is uploaded in. The user will then forever have the right to play the file for his or her personal enjoyment. This is very similar to downloading a song from iTunes. Although the user can play the file, the user can not sell, distribute or commercialize the music file in any way. This is the intent of the Usage Rules in Section 6. No matter which option you chose, at no time are we or a user entitled to sell your music or use it for any commercial purposes and you still retain all rights to commercialize your music.

4. LICENSE TO CONTENT (EXCEPT MUSIC FILES AVAILABLE FOR COPYING BY OTHER USERS). By Publishing Content (except your audio or music files that you allows others to download and copy) to any part of the Web Site, you automatically grant to the Company, and you represent and warrant that you have the right to grant to the Company, a non-exclusive, transferable, fully-paid, worldwide license (with the rights to sublicense) to use, copy, perform, display, reformat, translate, excerpt (in whole or in part) and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. This license includes without limitation any and all professional names, photos, trademarks, logos and biographical information of artists, performers or bands. You may remove such Content from the Web Site at any time and the license granted above will automatically terminate.

5. LICENSE TO MUSIC FILES AVAILABLE FOR COPYING BY OTHER USERS. The Web Site includes Services where you may publish music files and allow other users to download and copy such files. If you use the Services to allow other users to copy, perform and use your music files, you automatically grant to the Company and other users, and you represent and warrant that you have the right to grant to the Company and other users, an irrevocable, perpetual, non-exclusive, transferable, fully-paid, worldwide license (with the rights to sublicense) to use, copy, perform, display, reformat, translate, excerpt (in whole or in part) and distribute such files and to prepare derivative works of, or incorporate into other works, such files; provided, however that in all events other users' rights with respect to such files will be subject to the Usage Rules set forth in Section 6 below. You may remove such files from the Web Site at any time and the license granted above to such music files will survive such removal. However, we will not continue to publish or make available on the Web Site content you have removed from the site.

6. USE OF WEB SITE. You understand that the Services and the Web Site are available for your personal use only. Your use of any Services that provide for or facilitate commercial transactions may be subject to additional terms and conditions. You agree not to harvest or collect email addresses or other contact information of other Web Site users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Web Site. You agree that you will not use the Web Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Web Site. In addition, you agree not to use the Web Site to:
(i) upload, post, email, transmit or otherwise make available any Content that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
(ii) impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
(iii) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(iv) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
(v) use or attempt to use another user's account, without authorization from the Company, or create a false identity using the Services or the Web Site.
If you download or copy music files from the Web Site, you agree to use any music files that you download and copy in compliance with the following Usage Rules:
(i) Your use of the music files is conditioned upon your prior acceptance of these Terms and Conditions of Use;
(ii) You shall be authorized to use the music files only for personal, noncommercial use;
(iii) You may not combine a music file with any video or image file to create a multimedia work;
(iv) You may not use a music file as a musical "ringer" in connection with a phone or phone calls;
(v) The download and copy of a music file does not transfer to you any commercial or promotional use rights in the music file; and
(vi) You agree that your download and copy of music files constitutes your acceptance of and agreement to the Terms and Conditions of Use and these Usage Rules, and that any use of the music files other than in accordance with these Usage Rules may constitute a copyright infringement.
The Company reserves the right to modify the Usage Rules at any time.

7. LINKS TO OTHER WEB SITES. The Web Site contains links to other web sites. We are not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on or through the Web Site or the Services does not imply approval or endorsement of the linked web site by us. If you decide to leave the Web Site and access these third-party sites, you do so at your own risk.

8. LIMITATION OF LIABILITY. IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF: (A) THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICES; AND (B) TEN DOLLARS ($10). CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

9. INDEMNITY. You agree to indemnify and hold the Company and its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of:
(i) your breach of any representations or warranties made by you hereunder or your breach of any term of this Agreement;
(ii) your use of the Services or the Web Site in violation of this Agreement;
(iii) or your violation of any law or the rights of a third party.
You hereby agree not to sue, assist in or be a voluntary party to assist in or be a voluntary party to, except as required by law, any action, suit, or proceeding against the Company for any claims, actions, suits, damages, liability, losses or expenses of whatever kind or however arising out of or relating to your use of the Web Site or the Services.

10. USE OF WEB SITE CONTENT. All Content on the Web Site, is the proprietary property of the Company or its licensors (including Web Site users). Subject to the terms of this Agreement (see Sections 5 and 6 above), no Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written permission of the Company or the owner of the Content. Except as otherwise set forth in this Agreement, any use of the Content is strictly prohibited. All trademarks, logos, trade dress and service marks on the Web Site are trademarks or registered trademarks of the Company or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

11. DISCLAIMER OF WARRANTIES. The Company is not responsible for any incorrect or inaccurate Content published on the Web Site or in connection with the Services, including Content published by users of the Web Site or the Services. The Company is not responsible for the conduct, whether online or offline, of any user of the Web Site. The Web Site and the Services may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Web Site or the Services. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment or software, or the failure of email on account of technical problems or traffic congestion on the Internet or at any web site, including injury or damage to any person's computer related to or resulting from participating or downloading materials in connection with the Web Site or the Services. Under no circumstances will the Company be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Services, the Web Site or any Content published on the Web Site. THE WEB SITE, THE SERVICES AND THE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEB SITE AND/OR THE SERVICES.

12. MISCELLANEOUS. This Agreement sets forth the entire agreement between you and the Company pertaining your use of the Web Site and the Services. We reserve the right, at our sole discretion, to change, modify, add, or delete portions this Agreement at any time without further notice. If we do this, we will post the changes to this Ag
Welcome to Superstartuns.com ("SUPERSTARTUNES.COM"), owned, produced and operated by Superstartunes.com. 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 SUPERSTARTUNES.COM you agree to be bound by this Privacy Policy and the Terms and Conditions, whether or not you register as a listener ("Listener" or "Fan"). Please read this Privacy Policy carefully.

SUPERSTARTUNES.COM is a music-oriented content and information website that provides a service to musical artists and to record companies on behalf of musical artists (each an "Artist")to post information regarding themselves as well as musical content owned and/or created by them. SUPERSTARTUNES.COM members can view each other's 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."

SUPERSTARTUNES.COM cares about online privacy. I User submitted personal information such as name, mailing address, email address, telephone number and age to authenticate Users, and to send notifications to those Users relating to, without limitation, the SUPERSTARTUNES.COM service, special events, contests and special offers.

As is standard practice on many corporate websites, SUPERSTARTUNES.COM also logs non-personally-identifiable information including IP address, 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 users' movements around the site and to gather demographic information about our user base as a whole. SUPERSTARTUNES.COM will not use the information collected 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 Listeners. User IP addresses are recorded for security and monitoring purposes.
In addition SUPERSTARTUNES.COM uses pixel tags - tiny graphic images - to tell us what parts of our website have been visited or to measure the effectiveness of searches customers perform on our site. Pixel tags also enable us to send email messages in a format that customers can read. And they tell us whether emails have been opened to assure that we're only sending messages that are of interest to our customers. SUPERSTARTUNES.COM stores all of this information in a secure database.

Listener Profile information including Listeners' pictures and first names is displayed to people in order to facilitate user interaction in the SUPERSTARTUNES.COM social networking community. Listeners' full names are never directly revealed to other Listeners.

SUPERSTARTUNES.COM may also use a Listener's email address to send updates, a newsletter or news regarding the service. SUPERSTARTUNES.COM may send email messages which use a "click-through URL" linked to content on the SUPERSTARTUNES.COM website. When a customer clicks one of these URLs, they pass through our web server before arriving at the destination web page. SUPERSTARTUNES.COM 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, SUPERSTARTUNES.COM or a partner may sponsor a promotion, sweepstake or contest on SUPERSTARTUNES.COM. Listeners may be asked to provide personal information including name, email address or home address or to answer questions in order to participate. SUPERSTARTUNES.COM 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.

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

USE OF COOKIES - SUPERSTARTUNES.COM 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 customer communications and to customize each visitor's experience and provide greater convenience.

SUPERSTARTUNES.COM 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 SUPERSTARTUNES.COM in order to use most functions on the site. Please note that SUPERSTARTUNES.COM 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 SUPERSTARTUNES.COM Privacy Policy.

LINKS - SUPERSTARTUNES.COM contains links to third party websites. SUPERSTARTUNES.COM 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 SUPERSTARTUNES.COM.

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. Superstartunes.com. is not responsible for the personally identifiable information you choose to submit on SUPERSTARTUNES.COM. Please think before you post any personal information online.

CORRECTING/UPDATING OR REMOVING INFORMATION?RN Listeners 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 choose not to by opting-out. To opt-out, simply log-in to your Listener Account, click the "Edit Profile" link and select the "No" button next to "Receive PV Email Updates". All notification emails and SUPERSTARTUNES.COM newsletters also include the above instructions for opting-out of those communications in the future.

THIRD PARTY ADVERTISING SUPERSTARTUNES.COM or one of our web-advertising partners may deliver ads appearing on SUPERSTARTUNES.COM to Listeners. 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 SUPERSTARTUNES.COM and does not cover the use of cookies by any third party advertisers.

SECURITY SUPERSTARTUNES.COM Listener/Fans and Artist accounts are secured by Listener-created and Artist-created (as applicable) passwords. SUPERSTARTUNES.COM takes precautions to insure that account information is kept private. SUPERSTARTUNES.COM 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 employees who need access to perform their job functions, such as our customer service personnel and technical staff. Please note that SUPERSTARTUNES.COM cannot guarantee the security of Listener or Artist account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of member information at any time. Users 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.

SHARING AND DISCLOSURE OF INFORMATION Superstartunes.com COLLECTS Except as otherwise described in this Privacy Policy, SUPERSTARTUNES.COM will not disclose personal information to any third party unless 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 SUPERSTARTUNES.COM, whether or not a response is required by applicable law; (2) to enforce the SUPERSTARTUNES.COM Terms and Conditions or to protect our rights; or (3) to protect the safety of members of the public and Listeners of the service. SUPERSTARTUNES.COM 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 SUPERSTARTUNES.COM or substantially all of its assets to that successor in interest. For more information, see the "Changes in Our Privacy Policy" section below. SUPERSTARTUNES.COM takes your privacy very seriously. SUPERSTARTUNES.COM does not sell or rent your contact information to other marketers. To help us provide superior service, your personal information may be shared with the Superstartunes.com, who will safeguard it in accordance with SUPERSTARTUNES.COM's privacy policy. There are also times when it may be advantageous for SUPERSTARTUNES.COM to make certain personal information about you available to companies that SUPERSTARTUNES.COM has a strategic relationship with or that perform work for SUPERSTARTUNES.COM 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 SUPERSTARTUNES.COM'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 SUPERSTARTUNES.COM website.

PRIVACY OF CHILDREN RN is not directed to children under the age of 13. We operate our site 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.

CHANGES IN OUR PRIVACY POLICY From time to time SUPERSTARTUNES.COM may make changes to our Privacy Policy. If we make changes, we will post them on our site to make Listeners aware of what the changes are so Users will always be aware of what information we collect, how we use it, and when we may disclose it. A User is bound by any minor changes to the Privacy Policy when she or he uses the site after those changes have been posted If, however, we are going to use Listeners' personally identifiable information in a manner materially different from that stated at the time of collection we will notify by posting a notice on SUPERSTARTUNES.COM for 30 days.

CONTACTING THE WEB SITE If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site.

Agreement on this page and will indicate at the top of this page the new effective date. Your continued use of the Services or the Web Site after any such changes constitutes your acceptance of the revised Agreement. If you do not agree to abide by this Agreement or any future revised Agreement, do not use or regularly review this Agreement. If any provision of this Agreement is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of this Agreement shall continue in full force and effect. The Company's failure to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision.

I HAVE READ THE TERMS OF THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.