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  1. Your Acceptance

    BY USING AND/OR VISITING THIS WEBSITE (collectively, including all content available through the MusicIP.com domain name, the "MusicIP Website", or "Website"), YOU SIGNIFY YOUR CONSENT TO BOTH THESE TERMS ANDCONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF MUSICIP'S PRIVACY NOTICE, WHICH ARE PUBLISHED AT http://www.musicip.com/privacy.jsp, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the MusicIP Website and MusicIP Services.

  2. MusicIP Website

    Terms of Service apply to all users of the MusicIP Website, including users who are also contributors of media content, information, and other materials or services on the Website. The MusicIP Website may contain links to third party websites that are not owned or controlled by MusicIP. MusicIP has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, MusicIP will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve MusicIP from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the MusicIP Website and to read the terms and conditions and privacy policy of each other website that you visit.

  3. Website Access

    1. MusicIP hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without MusicIP's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
    2. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You agree to take responsibility for all charges resulting from use of your MusicIP account, including unauthorized use prior to your notifying MusicIP of such unauthorized use and talking the steps to prevent its further occurrence.. Although MusicIP will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of MusicIP or others due to such unauthorized use.
    3. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the MusicIP servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, MusicIP grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. MusicIP reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their Artist Submissions.

  4. Intellectual Property Rights

    The content on the MusicIP Website, except all Artist Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to MusicIP, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. MusicIP reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Artist Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the MusicIP Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the MusicIP Website or the Content therein.

  5. Communications

    When you visit the Website or send emails to MusicIP, you are communicating with MusicIP electronically. You consent to receive communications (including legal notices) from MusicIP electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that MusicIP provides to you electronically satisfy any legal requirement that such communications be in writing.

  6. Subscriptions Services

    1. The MusicIP Website may not or in the future provide subscription-based services. When you register, sign up for, subscribe or use these Subscription Services, you will be a "Subscriber."
    2. You agree to pay the subscription fees and any other charges incurred in connection with your user name and password for a Subscription Service (including any applicable taxes) at the rates in effect when the charges were incurred. If your subscription includes access to areas containing premium content or services, your access to such areas may be subject to additional fees, terms and conditions, which will be separately disclosed in such areas on the website. We will bill all charges automatically to your credit card. Subscription fees will be billed at the beginning of your subscription or any renewal. Unless we state in writing otherwise, all fees and charges are nonrefundable. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. If you want to use a different credit card or there is a change in credit card validity or expiration date, or if you believe someone has accessed a Service using your user name and password without your authorization, you must follow the procedures outlined in the Help section. You are responsible for any fees or charges incurred to access a Service through an Internet access provider or other third-party service.
    3. Your credit card will be charged for the first month of your subscription at the time of registration, and every month thereafter. Cancel anytime to discontinue your membership. Cancellation becomes effective at the end of the then effective 30 day billing cycle, You may cancel your membership within 24 hours of subscribing if you have not yet utilized any MusicIP subcscription service sending communications directed to MusicIP customer service.
    4. MUSICIP RESERVES THE RIGHT, AT ANY TIME, TO CHANGE THE MONTHLY SUBSCRIPTION FEE INCLUDING THE PRICES, RATES, CHARGES AND BILLING METHODS THAT APPLY TO YOU, INCLUDING, WITHOUT LIMITATION, ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR SPECIFIC CONTENT, TYPES OF CONTENT, GOODS OR SERVICES, EFFECTIVE ON AT LEAST 30 DAYS' NOTICE, UNLESS REQUIRED BY LAW OR REGULATION DO NOT PROVIDE US A 30 DAY PERIOD TO NOTIFY YOU. AFTER WE POST THEM ON OUR WEBSITE OR NOTIFY YOU OF SUCH INCREASES BY SENDING YOU A MESSAGE, THESE CHANGES WILL APPLY TO YOU AND WE WILL BE DEEMED TO HAVE NOTIFIED YOU, EVEN IF YOU DO NOT ACTUALLY CHECK OUR WEBSITE OR READ THE TEXT MESSAGE WE SEND YOU

  7. Artist Submissions

    1. The MusicIP Website may now or in the future permit the submission of music, videos or other communications submitted by you ("Artist Submissions") and the hosting, sharing, and/or publishing of such Artist Submissions. You understand that whether or not such Artist Submissions are published, MusicIP does not guarantee any confidentiality with respect to any submissions.
    2. You shall be solely responsible for your own Artist Submissions and the consequences of posting or publishing them. In connection with Artist Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize MusicIP to use reproduce, all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Artist Submissions to enable inclusion and use of the Artist Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Artist Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Artist Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your Artist Submissions. However, by submitting the Artist Submissions to MusicIP, you hereby grant MusicIP a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Artist Submissions in connection with the MusicIP Website and MusicIP's (and its successor's) business, including without limitation for promoting and redistributing part or all of the MusicIP Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the MusicIP Website a non-exclusive license to access your Artist Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such Artist Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a Artist Submission from the MusicIP Website.
    3. In connection with Artist Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant MusicIP all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage MusicIP or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. MusicIP does not endorse any Artist Submission or any opinion, recommendation, or advice expressed therein, and MusicIP expressly disclaims any and all liability in connection with Artist Submissions. MusicIP does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and MusicIP will remove all Content and Artist Submissions if properly notified that such Content or Artist Submission infringes on another's intellectual property rights. MusicIP reserves the right to remove Content and Artist Submissions without prior notice. MusicIP will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a Artist Submission removed from the Website more than twice. MusicIP also reserves the right to decide whether Content or a Artist Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. MusicIP may remove such Artist Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
    4. In particular, if you are a copyright owner or an agent thereof and believe that any Artist Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
      1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed,
      2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site,
      3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material,
      4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail,
      5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and
      6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

      MusicIP's designated Copyright Agent to receive notifications of claimed infringement is: MaryJo Mortensen, 605 E. Huntington Dr., Suite 201 Monrovia, CA 91016. US phone 626-359-9702 For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to MusicIP customer service through http://www.musicip.com/about/contact.jsp. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

    5. As a user, you understand that when using the MusicIP Website, you will be exposed to Artist Submissions from a variety of sources, and that MusicIP is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Artist Submissions. You further understand and acknowledge that you may be exposed to Artist Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MusicIP with respect thereto, and agree to indemnify and hold MusicIP, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

  8. Cookie Technology

    MusicIP makes use of cookies to store and track your preferences to provide you with a more personalized user experience. A cookie is a message that is sent to your browser from a Web server and stored on your computer's hard drive. You can set your browser preferences to reject all cookies but then you will not be able to participate in most customized services, and you may be required to repeatedly log in to participate in various services, promotions, or product offerings. Cookies make your experience easier by saving your preferences and passwords.

  9. Warranty Disclaimer

    YOU AGREE THAT YOUR USE OF THE MUSICIP WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MUSICIP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. MUSICIP MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MUSICIP WEBSITE. MUSICIP DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MUSICIP WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MUSICIP WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

  10. Limitation of Liability

    IN NO EVENT SHALL MUSICIP, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MUSICIP WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

    YOU SPECIFICALLY ACKNOWLEDGE THAT MUSICIP SHALL NOT BE LIABLE FOR ARTIST SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

    The Website is controlled and offered by MusicIP from its facilities in the United States of America. MusicIP makes no representations that the MusicIP Website is appropriate or available for use in other locations. Those who access or use the MusicIP Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

  11. Indemnity

    You agree to defend, indemnify and hold harmless MusicIP, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the MusicIP Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Artist Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the MusicIP Website.

  12. Ability to Accept Terms of Service

    You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

  13. Assignment

    These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MusicIP without restriction.

  14. General

    You agree that: (i) the MusicIP Website shall be deemed solely based in California; and (ii) the MusicIP Website shall be deemed a passive website that does not give rise to personal jurisdiction over MusicIP, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and MusicIP that arises in whole or in part from the MusicIP Website shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. These Terms of Service, together with the Privacy Policy at http://www.musicip.com/privacy.jsp and any other legal notices published by MusicIP on the Website, shall constitute the entire agreement between you and MusicIP concerning the MusicIP Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and MusicIP's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. MusicIP reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the MusicIP Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND MUSICIP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MUSICIP WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

  15. Affiliates

    MusicIP owns and provides technology, software and data services related to the identification, search, analysis, recommendation, discovery, and reporting of digital music. MusicIP's Affiliate program provides incentives for users to sign up with MusicIP's Reporting Service. By signing up as an affiliate with MusicIP, you agree to the following Terms of Service.

    This agreement is by and between MusicIP Corporation, a Delaware Corporation with a principal place of business located at 605 East Huntington Drive, Suite 201, Monrovia, California USA 91016, and/or their assigns and all subscribers. Unless the context requires otherwise, MusicIP. and/or their assigns shall be referred to as "us, we, or our" and you shall be referred to as "you, your or subscriber."

    You understand that MusicIP. and/or their assigns does not guarantee or predict any type of profit or response from said services. Subscriber agrees to hold MusicIP harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which MusicIP and/or their assigns may become subject arising out of or relating in any way to the use of the services provided under this agreement, including, without limitation, in each case attorneys' fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.

    1. Services to be Provided. We agree to pay you certain commissions as described on our website for referral sales of the MusicIP made by customers.
    2. Termination. We may terminate your account: (a) if you violate our Terms Of Service Policy; (b) promote MusicIP in a manner that is unethical or inappropriate; or (c) for any reason, in our sole discretion.
    3. No Warranties. WE MAKE NO WARRANTIES TO YOU OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE MusicIP , ITS SUBCONTRACTORS AND AFFILIATES PROVIDE YOU. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE. We shall not be liable for any damages suffered by you, whether indirect, special, incidental, exemplary, or consequential, including, by not limited to, loss of data or service interruptions, regardless of cause or fault. We are not responsible for your lost profits or for your loss of data or information. If notwithstanding this clause we are held liable to you.
    4. TERMS. You agree: (1) to use our system in a manner that is ethical and in conformity with community standards; (2) to respect the privacy of other users (you shall not intentionally seek data or passwords belonging to other users, nor will you modify files or represent yourself as another user unless explicitly authorized to do so by that user); (3) to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property. 4) to accept commercial emails from us.
    5. Assignment. This agreement is personal to you. You may not assign your rights under this agreement without our prior written consent. If you do assign your rights, as would be the case were someone other than you to use your account, you shall remain liable to us for any fees due under this agreement. We may assign this agreement at any time.
    6. Change of Terms and Conditions. We reserve the right to change the terms and conditions of this agreement as needed. Use of our servers by you after said changes constitutes acceptance of those new terms and conditions. If you do not agree to the new terms and conditions, you may terminate this agreement in accordance with Section B.
    7. Notification of Account Changes. You agree to provide us with such other information relating to your use of this service as we deem necessary or desirable. You agree to notify us if your address, email address, telephone number, billing information changes.
    8. Notices. All notices, requests, demands, and other communications under this agreement shall be in writing and shall be deemed to have been given on the date of delivery: if delivered personally to the party to whom notice is to be given; if sent by electronic mail with a cc: to sender; if sent by fax; or on the third day after mailing by first class mail.
    9. General Provisions. The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions. If any portion of this agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this agreement shall remain in force. This agreement constitutes the entire agreement between us pertaining to its subject matter and supersedes all of our prior agreements, representations, and understandings. Subject to Section I, no supplement, modification, or amendment of this agreement shall be binding unless executed in writing by both parties. No waiver of any of the provisions of this agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. This agreement may be executed in one or more counterparts. Each shall be deemed an original, but all of which together shall constitute one and the same instrument. If an organization is the subscriber, the individual signing up for our services represents that he or she is duly authorized to enter into this agreement on behalf of that organization. In the event of a dispute, the parties agree to submit the matter to the Community Dispute Resolution Service or any recognized Arbitration Board located within Los Angeles, California before instituting litigation.

    If we learn of a violation or likely violation of our TERMS OF SERVICE, we will attempt to notify you. If you do not take immediate remedial action which is satisfactory to us, or in the event of a serious violation of the TERMS OF SERVICE, we reserve the right to terminate your account immediately. Every effort will be made to inform you prior to account termination, and to re-establish your account upon receiving such representations from you as we deem appropriate in the circumstances.

    YOUR SERVICE WILL BE TERMINATED IMMEDIATELY AND WITHOUT WARNING SHOULD YOU USE OUR SYSTEM AS PART OF ANY BULK EMAIL CAMPAIGN. You may also be subject to fines and legal actions as a result of your bulk email promotion.

 
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