User Agreement

TERMS AND CONDITIONS Access to and use of Audiogalaxy are subject to the terms and conditions of this User Agreement ("Terms and Conditions") and all applicable laws and regulations. BY ACCESSING AUDIOGALAXY, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN THIS USER AGREEMENT. Modification of These Terms Audiogalaxy reserves the right to change these Terms and Conditions, including, without limitation, its Privacy Policy, at any time, effective upon making the modified provisions available on Audiogalaxy's website. You are responsible for regularly reviewing these Terms and Conditions. Continued use of Audiogalaxy after any changes shall constitute your consent to such changes. Audiogalaxy does not and will not assume any obligation to notify you of any changes to these Terms and Conditions. Acceptable Use Limitation You may not use Audiogalaxy products or services to: defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; conduct or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, promotional materials, unsolicited e-mail or multi-level marketing campaigns; publish, post, distribute, disseminate or link to any: (i) inappropriate, profane, defamatory, infringing, obscene, adult content, nude, indecent or unlawful topic, name, material or information; (ii) software or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless you own, control such rights or have received all necessary consents for your use of such software and other materials harvest or otherwise collect information about third parties, including e-mail addresses, without the express consent of such third parties; restrict or inhibit any other user from using and enjoying its rights at Audiogalaxy, interfering with or disrupting the Audiogalaxy service or servers or network connected to Audiogalaxy; or, violate any applicable government laws or regulations. Use of Communication Services Audiogalaxy contains bulletin board services, forums, communities, personal web pages, electronic mail postings and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service, and to comply with all applicable laws and these Terms and Conditions. In addition to above acceptable use limitations, you agree that when using a Communication Service, you will not: Advertise or offer to sell or buy any goods or services; Restrict or inhibit any other user from using and enjoying its rights in the Communication Services; Violate any code of conduct or other guidelines that may be applicable for any particular Communication Service; Harvest or otherwise collect information about others, including e-mail addresses, without their express consent; Link the Communication Services to any unsolicited communication sent to any third party, or otherwise use or mention the Communications Services in connection with any such unsolicited communication; or, Violate any applicable laws or regulations. Audiogalaxy reserves the right, but is not obligated, to review materials posted to a Communication Service and to remove any such materials in its sole discretion, without notice at any time. In addition, Audiogalaxy reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Furthermore, Audiogalaxy reserves the right to terminate or change any Communication Service at anytime. Audiogalaxy is not obligated to monitor the Communication Services. However, with respect to the use of the Communication Service, Audiogalaxy reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from the Communication Service in Audiogalaxy's sole discretion. You acknowledge that Communication Services are public and not private communications, therefore your communications may be read by others without your knowledge. Always use caution when giving out any personally identifying information about yourself or others in any Communication Service. Audiogalaxy does not control or endorse the content, messages or information found in any Communication Service and, therefore, Audiogalaxy specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download the materials. Liability Disclaimer The information, software, products, services and other material included in or available through Audiogalaxy may not be complete, and may include inaccuracies or errors, and may also be modified or deleted from time to time. Your access to and use of Audiogalaxy is at your own risk. Audiogalaxy, and its members and sponsors, will not be liable for any damage, loss or disclosure of information, data, revenue, accounts or business that occurs in connection with your use of Audiogalaxy, or such products or services. Without limiting the foregoing, AUDIOGALAXY AND/OR ITS RESPECTIVE LICENSORS, SUPPLIERS, AND THIRD PARTY CONTRIBUTORS ("AFFILIATES") MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN AUDIOGALAXY FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. AUDIOGALAXY AND/OR ITS RESPECTIVE AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, WITH REGARD TO THE USE OF THE AUDIOGALAXY SITE, THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL AUDIOGALAXY AND/OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF AUDIOGALAXY OR RELATED SERVICES, WITH THE DELAY OR INABILITY TO USE AUDIOGALAXY OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH AUDIOGALAXY, OR OTHERWISE ARISING OUT OF THE USE OF AUDIOGALAXY, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AUDIOGALAXY OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF AUDIOGALAXY, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AUDIOGALAXY AND ITS RELATED SERVICES. Access Restriction Audiogalaxy reserves the right to deny, in its sole discretion, any user access to Audiogalaxy or any portion thereof without notice. You are responsible for safeguarding the confidentiality of your password(s) and user name(s) created by you on Audiogalaxy, and for any use or misuse of your account or Audiogalaxy resulting from any third party using a password or user name created by you. Indemnification You agree to defend, indemnify and hold Audiogalaxy, and its Affiliates, harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys' fees) arising from your violation of these Terms and Condition, any third-party's rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights), and/or the use or misuse of your password(s) and or user(s) name by you or any third party. These obligations will survive any termination of your relationship with Audiogalaxy. Termination Audiogalaxy may terminate this Agreement and your access to Audiogalaxy (in whole or in part) and related services at any time, with or without cause, and with or without notice. Anyone determined by Audiogalaxy to have violated these Terms and Conditions, or any additional terms may be barred from using Audiogalaxy, or from receiving any products, services or benefits from Audiogalaxy. In addition, if you violate any of these Terms and Conditions, or Additional Terms (as applicable) you will forfeit all in-kind credits and any other amounts accruing to you (if any) in connection with Audiogalaxy. PRIVACY POLICY What information does Audiogalaxy collect? Audiogalaxy collects some personally identifiable information when you create an account with our site. You are required to pick a password and username. In addition, we require all members to submit an email address, their age, and indicate their city. New members have the option to provide their gender, state, postal code, and country. To increase the quality of our services and your user experience, we also collect your browser type, IP address, cookie information, and the page you requested. Throughout the site, users are encouraged to submit detailed information about their opinions, preferences, and musical tastes. This information is collected to customize web pages and build connections between users. A Special Note about Children Audiogalaxy does not gather any personally identifiable information from children that we know are under the age of 13. We believe strongly that parents should play an integral part in their child's on-line experience and should monitor that activity to ensure on-line sites are respecting their child's privacy. For additional information on protecting children's privacy, visit: http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/index.html What information is collected by parties other than Audiogalaxy? Some advertisers and Affiliates may collect personally identifiable information when you access their links or when you indicate you would like to participate in a special offer of one of our Affiliates. When you click on a link from our web site, your activity and use on the linked site is governed by that site's policies, not by Audiogalaxy. We encourage you to visit their web sites and review their privacy, copyright, and user policies. Cookies and Related Technology To facilitate your use of this system, Audiogalaxy uses "cookies" and related technology. A cookie is small amount of data that Audiogalaxy's servers transfer to your browser and that only Audiogalaxy's servers can read. When you log onto our system, the cookie file captures your username, unique session identifier number and other session data to enable you to traverse through this system's various screens without having to authenticate yourself at each new screen. Use of Information Audiogalaxy collects your contact information and unique identifier to verify your authority to access our system and to contact you when reasonably necessary. Audiogalaxy may also use any information you have entered into the system as reasonably necessary to administer or provide customer support for the system. Disclosure of Information Audiogalaxy uses certain third party vendors (e.g., data storage facilities) to assist Audiogalaxy in providing the services for this web site. Audiogalaxy may also disclose your personally identifiable information as it believes is reasonably necessary to comply with law, regulation or other governmental authority. Finally, Audiogalaxy may disclose your personally identifiable information upon a transfer or sale to another entity of all or substantially all of Audiogalaxy's assets or stock in Audiogalaxy's line of business to which this Privacy Policy relates or upon any other corporate reorganization. The Changing Face of Digital Music We recognize that technology is constantly changing and we hope to provide you with updated options on how to retrieve and use digital music. To keep our digital music community updated on new technology, Audiogalaxy shares user information with third parties that offer services or products that may be of interest. We also share user information with third parties to further our ability to identify and meet user needs. Security Measures Audiogalaxy employs procedural and technological measures, consistent with legal requirements and the demands of customer service, reasonably designed to protect your personally identifiable information from loss, misuse or unauthorized access, disclosure, alteration or destruction. Policy Changes Due to the Internet's rapidly evolving nature, Audiogalaxy may need to update this Privacy Policy from time to time. If so, Audiogalaxy will post its updated policy on this system. Audiogalaxy encourages you to review this Privacy Policy regularly for any changes. Questions If you have any questions related to this Privacy Policy please send us an email at . Trademarks Audiogalaxy and Audiogalaxy Satellite are either trademarks or registered trademarks of Audiogalaxy Corporation. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved by Audiogalaxy. Audiogalaxy's Copyright and Intellectual Property Agent for Notice Audiogalaxy respects the intellectual property of others, and we ask our users to do the same. Audiogalaxy may, at its own discretion, disable the accounts of users who may be infringing the intellectual property rights of others. If you believe that your copyrighted work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify Audiogalaxy's copyright agent. Copyright All contents of Audiogalaxy are: Copyright © 1999 - 2010 Audiogalaxy, Inc. and/or its Affiliates except for content provided by users via files they choose to share with other users. All rights reserved.