ACCEPTANCE OF TERMS OF USE

THIS AGREEMENT ("AGREEMENT") IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU ("YOU" OR "YOUR") AND AllCoolMusic.com ("AllCoolMusic.com", "OUR," "US," "WE") REGARDING YOUR ACCESS TO AND USE OF THE AllCoolMusic.com WEB SITE (THE "SITE"). PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO PURCHASE. BY ACCESSING THE SITE, YOU ARE CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS AS OUTLINED IN THIS LEGAL NOTICE.

MODIFICATION

AllCoolMusic.com reserves the right to change these terms and conditions from time to time at its sole discretion, without prior notice, by posting such revised terms and conditions on the Site. It is Your obligation to routinely review these terms and conditions and Your continued use of the Site following any such change (whether or not You have reviewed such change) constitutes Your binding acceptance to follow and be bound by the terms and conditions as changed.

THE SERVICE

The fee assessed by AllCoolMusic.com entitles You to access the location, evaluation, and or recommendation of software products available from the web site and for the installation and technical support provided. All software recommendations refer to software that is available without charge to individuals at large for specific purposes. The service makes no download speed performance guarantees or the availability of specific files for download on the peer to peer network.

You are responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the Service. In order to use the Service, You must obtain access to the Internet and pay any service fees associated with such access.

YOUR CONDUCT

You agree not to: (a) upload, transmit, post, email or otherwise make available to the Site, any content or other material in any format that: (b) is false, inaccurate, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another's privacy, libelous and/or otherwise objectionable; (c) infringes any third party's intellectual property; or (d) contains viruses, worms, Trojan horses, corrupted files, or any other similar software or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You agree that you will not transmit or access any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party and agree to indemnify and hold harmless AllCoolMusic.com from their claims if you do.

TECHNOLOGICAL AND USE LIMITATIONS

AllCoolMusic.com will make reasonable efforts to keep the Site operational. However, certain technical difficulties or routine site maintenance/upgrades may, from time to time, result in temporary service interruptions. AllCoolMusic.com also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of the Service with or without notice. You agree that AllCoolMusic.com shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the Service.

INTELLECTUAL PROPERTY RIGHTS

AllCoolMusic.com makes no claim to ownership or other control or rights to any software recommended by the Service. None of the fee entitles You, as a Purchaser to any ownership, licensing rights or recourse with regard to use of the software other than those rights offered by the software owners or licensees.

SUBSCRIPTION E-MAILS

AllCoolMusic is a direct marketer that delivers email messages to its subscribers. All information voluntarily provided to AllCoolMusic by a registrant may be used to support our marketing partner’s data services business. These services include the provision of personally identifiable data to marketing companies, advertising agencies, data compilers, data companies, and, to the extent permitted by law, individual reference, email marketers and look-up service programs. Such information may be used by such companies to provide users via email with information on products and services that may be of interest to them. Users may unsubscribe to electronic mailings sent by us at any time by following the instructions contained at the end of every AllCoolMusic newsletter or mailing. Users wishing to unsubscribe from AllCoolMusic messages may reply to the message with the word 'remove' in your email message subject line or by clicking the "Remove yourself from future email here" link.

COPPA

Since you may not become a member of AllCoolMusic.com's Network if you are under the age of 18, AllCoolMusic.com complies with the Children's Online Privacy Protection Act of 1998. Advertisers and Publishers are also obligated to comply with COPPA.

If you inform AllCoolMusic.com that AllCoolMusic.com has collected or received information from a child under 18, AllCoolMusic.com will delete such information immediately from its databases. No AllCoolMusic.com Web Site is specifically directed to children under 18. AllCoolMusic.com shall not knowingly distribute to third parties any personally identifiable information erroneously collected from children under 18.

PAYMENT

Your account will be considered delinquent if your credit card company or bank refuses for any reason to pay the amount billed to it. You agree to pay AllCoolMusic.com all reasonable attorneys fees and collection agency costs incurred by AllCoolMusic.com to collect any past due amounts.

SUPPORT

Subject to the terms hereof, AllCoolMusic.com will provide you with email support services for the Service and associated software. Under no circumstances will AllCoolMusic.com have any obligation to provide you with hard-copy documentation, upgrades, enhancements, modifications, or phone support.

TERMINATION

You agree that AllCoolMusic.com, in its sole discretion, may terminate your ID, password, account (or any part thereof) or use of the Service for any reason, including, without limitation, if AllCoolMusic.com believes that you have violated or acted inconsistently with the Agreement. AllCoolMusic.com may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that AllCoolMusic.com may immediately deactivate or delete your account and/or bar any further access to the Service. Termination shall not relieve you of any obligations to pay accrued charges.

CANCELLATION

You can cancel your account anytime with no further obligation. Use the "Contact Us" link on the web site to cancel your account.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE, THE SITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE SITE OR ANY PORTION THEREOF, EXPRESS, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS.

LIMITATION OF LIABILITY

YOU HEREBY AGREE THAT WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE, PROFITS OR DATA ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE SERVICE WILL NOT EXCEED THE TOTAL FEES PAID BY YOU UNDER THIS AGREEMENT.

CLASS ACTION WAVIER

WHETHER IN COURT, SMALL CLAIMS COURT, OR ARBITRATION YOU AND WE MAY ONLY BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS-ACTION OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS SIMILARLY SITUATED.

YOU HEREBY AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING NOW OR IN THE FUTURE UNDER OR RELATING IN ANY WAY TO THIS AGREEMENT, OR TO THE ONLINE SERVICE (“CLAIM”), REGARDLESS OF THE NATURE OF THE CAUSE(S) OF ACTION ASSERTED (INCLUDING CLAIMS FOR INJUNCTIVE, DECLARATORY, OR EQUITABLE RELIEF), SHALL BE RESOLVED BY BINDING ARBITRATION. CLAIMS SUBJECT TO ARBITRATION INCLUDE CLAIMS THAT ARE MADE AS COUNTERCLAIMS, CROSS CLAIMS, THIRD PARTY CLAIMS, INTERPLEADERS, OR OTHERWISE. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, AND YOU THEREFORE AGREE TO WAIVE ANY RIGHT THAT YOU OR WE MIGHT OTHERWISE HAVE HAD TO A JURY TRIAL OR THE OPPORTUNITY TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY. YOU FURTHER AGREE THAT YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL) TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY; NOR WILL YOU BE ABLE TO PARTICIPATE AS A CLASS MEMBER IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY.
 

MISCELLANEOUS

The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys fees.

Effective Dec 10, 2005