FIVE FREE SONGS TERMS OF USE

Effective March 1, 2009 PLEASE READ THESE TERMS OF USE (“AGREEMENT”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY 100000FANS (“100000FANS”) as operated by NovaTunes, Inc. THE 100000fans.com WEBSITE AND DOMAIN NAME, AND ANY OTHER FEATURES, CONTENT, OR APPLICATIONS OFFERED FROM TIME TO TIME BY 100000FANS IN CONNECTION THEREWITH (COLLECTIVELY “WEBSITE”) ARE OWNED AND OPERATED BY 100000FANS. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE. BY USING THE WEBSITE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE WEBSITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND 100000FANS’ PRIVACY POLICY POSTED ON THE WEBSITE, WHICH IS INCORPORATED HEREIN BY THIS REFERENCE. You may at any time request a copy of this Agreement by emailing us at: .(JavaScript must be enabled to view this email address)

1. MODIFICATIONS TO THIS AGREEMENT 100000FANS RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MODIFY THIS AGREEMENT AT ANY TIME BY POSTING A NOTICE ON THE WEBSITE, OR BY SENDING YOU A NOTICE VIA EMAIL. YOU SHALL BE RESPONSIBLE FOR REVIEWING AND BECOMING FAMILIAR WITH ANY SUCH MODIFICATIONS. SUCH MODIFICATIONS ARE EFFECTIVE UPON FIRST POSTING OR NOTIFICATION, AND USE OF THE WEBSITE OR ANY SERVICES BY YOU FOLLOWING SUCH POSTING OR NOTIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AS MODIFIED. YOU AGREE TO REVIEW THIS AGREEMENT REGULARLY TO ENSURE THAT YOU ARE UPDATED AS TO ANY CHANGES. THIS AGREEMENT, TOGETHER WITH 100000FANS’ PRIVACY POLICY AND ANY OTHER LEGAL NOTICES PUBLISHED BY 100000FANS ON THE WEBSITE, SHALL CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND 100000FANS CONCERNING THE WEBSITE.

2. WEBSITE ACCESS

3. Subject to your compliance on a continuing basis with all of the terms and conditions of this Agreement, 100000fans hereby grants you permission to use the Website only as set forth in this Agreement, and 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 100000fans’ prior written authorization; (iii) you will not alter or modify any part of the Website other than as expressly authorized and then only for such express purpose; (iv) you may not circumvent, disable, violate or attempt to violate, or otherwise interfere with the security or integrity of the Website, the proper operation of the Website, the features that prevent or restrict use or copying of any Content (as the term is defined below) or enforce limitations on use of the Website or the Content therein, or interfere with any activity being conducted on the Website; and (v) you may not decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up part of the Website. In order to access some features of the Website, you will have to create a membership account. You may never use another’s account, username or password 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 must notify 100000fans immediately of any breach of security or unauthorized use of your account. You may be required to expressly accept or reject these Terms of Use when you register; you agree that any requirement that you do so does not in any way vitiate your assent to comply with the Terms of Use. Although 100000fans will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of 100000fans or others due to such unauthorized use.

4.You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” that accesses the Website in a manner that sends more request messages to 100000fans servers in a given period of time than a single human can reasonably produce in the same period by using a conventional web browser. 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. 100000fans reserves the right in its sole discretion to block access or discontinue services to offenders, and to investigate and take appropriate legal action against anyone who, in 100000fans’ sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.

5. INTELLECTUAL PROPERTY RIGHTS
The content on the Website, including without limitation, the text, software, scripts, graphics, files, images, photos, sounds, music, videos, interactive features and the like (collectively “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to 100000fans, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. 100000fans reserves all rights not expressly granted in and to the Website and the Content. You agree to not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any other purposes whatsoever any Content, including, but not limited to, image, audio, and visual content, Marks, third party User Submissions, or other proprietary rights not owned by you, (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any right of any third party. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.

6. TERM
This Agreement shall remain in full force and effect while you use the Website. 100000fans may terminate your access to the Website or your membership at any time, for any reason, and without warning.

7. USER SUBMISSIONS

  1. The Website may now, or in the future, permit the submission of content by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, 100000fans does not guarantee any confidentiality with respect to any such Submissions.
  2. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You agree that 100000fans has no liability with respect to any User Submissions, including, without limitation, your own submissions, and you hereby irrevocably release 100000fans and its officers and directors, employees, agents, representatives and affiliates, from any and all liability arising out of or relating to User Submissions or any part thereof. In connection with your User Submissions, you affirm, represent, and warrant that you can and will demonstrate to 100000fans’ full satisfaction upon its request that the posting of your User Submission on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. By submitting your User Submissions to the Website, you hereby give 100000fans all rights and licenses necessary to use and otherwise exploit the User Submissions for any purpose in connection with the Website and 100000fans’ other related services. These rights are nonexclusive and irrevocable, but you remain the owner of the User Submissions that you create. You also hereby do and shall grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under this Agreement.
  3. In connection with User Submissions, you further agree that you will not: (i) publish falsehoods or misrepresentations that could damage 100000fans or any third party; (ii) submit material that is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, excessively violent, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable; (iii) post advertisements or solicitations of business; or (iv) impersonate another person. 100000fans does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and 100000fans expressly disclaims any and all responsibility or liability in connection with User Submissions.
  4. 100000fans reserves the right to decide whether Content or a User Submission is inappropriate, or violates this Agreement, including without limitation, due to copyright infringement, violations of intellectual property law, pornography, obscene or defamatory material, or excessive length. 100000fans also reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages and User Submissions) by you, or to restrict, suspend or terminate your access to all or any part of the Website at any time, for any reason, without prior notice. Notwithstanding the foregoing, 100000fans assumes no responsibility for monitoring the Website, Content, or User Submissions for inappropriate conduct, or modifying or removing such conduct, Content or User Submissions from the Website.
  5. It is 100000fans’ policy to (i) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied, displayed or distributed by any of our advertisers, affiliates, content providers, members or users; and (ii) remove and discontinue services to repeat offenders.
  6. 100000fans reserves the right to discontinue any aspect of the Website at any time.

8. THIRD PARTY WEBSITES
The Website may contain links to third party websites that are not owned or controlled by 100000fans. When you access third party websites, you do so at your own risk. 100000fans encourages you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each third party website that you visit. 100000fans has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in any third party websites. In addition, 100000fans will not and cannot monitor, verify, censor or edit the content of any third party site. By using the Website, you expressly relieve 100000fans from any and all liability arising from your use of any third party website.

9. WARRANTY DISCLAIMER TO THE FULLEST EXTENT PERMITTED BY LAW, 100000fans, ITS SUPPLIERS AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NEITHER 100000fans NOR ITS SUPPLIERS, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, MAKES ANY WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE, 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 THE WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE 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 THE WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/ OR (VI) ANY ERRORS OR OMISSIONS IN 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 WEBSITE. 100000fans DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY ADVERTISING, AND 100000fans 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. THE WEBSITE IS CONTROLLED AND OFFERED BY 100000fans FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. 100000fans MAKES NO REPRESENTATIONS THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM OTHER JURISDICTIONS ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

10. INDEMNITY
You agree to defend, indemnify and hold harmless 100000fans, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, demands, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Website or any Content that you post thereon; (ii) your violation of any term of this Agreement or your representations and warranties set forth above; (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 User Submissions caused damage to a third party.

11. ELIGIBILITY
By using the Website, you represent and warrant that (i) all registration information you submit is accurate and truthful; (ii) you will maintain the accuracy of such information; (iii) you are 18 years of age or older (if you are agreeing to these terms and conditions on behalf of a minor, you certify to 100000fans that you are such minor’s legal guardian); and (iv) your use of the Website does not violate any applicable law or regulation.

12. LIMITATION OF LIABILITY
IN NO EVENT SHALL 100000fans, ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOST PROFITS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT 100000fans 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. SUBJECT TO THE FOREGOING, 100000fans’s LIABILITY TO YOU FOR ANY REASON, WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO 100000fans IN CONNECTION WITH THE WEBSITE. YOU SPECIFICALLY ACKNOWLEDGE THAT 100000fans SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS SOLELY AND ENTIRELY WITH YOU.

13. ASSIGNMENT
You may not transfer or assign this Agreement or any rights and licenses granted hereunder without 100000fans’ prior written consent. 100000fans may freely transfer, assign, or delegate this Agreement, and any of its rights or obligations hereunder.

14. MISCELLANEOUS
If there is any dispute about or involving the Website, you agree that the dispute shall be governed by the laws of the State of California, without regard to conflict of laws provisions. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the states and federal courts located in Los Angeles, California. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and 100000fans’ failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND 100000fans AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.