Release Promo 2.0 - MP3 Download Record Pool

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Subscription Agreement
THIS SUBSCRIPTION AGREEMENT ("AGREEMENT") IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU, AS THE DJ, AND ReleaseMusic ("RELEASE PROMO DJ POOL"). PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO USING RELEASE PROMO DJ POOL SUBSCRIPTION SERVICE. BY REGISTERING FOR THE SERVICE AS A DJ, YOU ARE CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. IF YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT CONTINUE THE REGISTRATION PROCESS.

1. ENROLLMENT IN THE SERVICE
RELEASE PROMO DJ POOL provides an internet music subscription service for sampling and downloading music in the common digital portable formats. The service consists of a subscription plan whereby, for a periodic fee and subject to certain limitations as described herein, you are granted limited download rights to our catalog of music files. In order to use the service, you must obtain access to the internet and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the internet and to be able to download and listen to the music files, including the Macromedia ® Flash player plugin, and Java. You must be at least 18 years of age to enroll. To begin the enrollment process, you must complete the DJ Application process located on our web site at http://www.releasepromo.com ("RELEASE PROMO DJ POOL WEBSITE")

2. MODIFICATION
We may modify any of the terms and conditions contained in this Agreement at any time in our sole discretion. You will be notified by email where reasonably possible and a change notice will be posted at http://www.releasepromo.com. If any modification is unacceptable to you, you agree that your only recourse is to terminate this Agreement. Your continued use of the service following our posting of a change notice or new agreement on the RELEASE PROMO DJ POOL WEBSITE will constitute your binding acceptance of the change.

3. YOUR REGISTRATION OBLIGATIONS
You agree to provide true, accurate, current and complete information about yourself as prompted by the service registration process (such information being the "Registration Data"). Once you subscribe to the service, you shall receive a password and an account. You are solely and entirely responsible for maintaining the confidentiality of your password. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the service cannot be guaranteed.

4. COPYRIGHTS AND TRADEMARKS
4.1 COPYRIGHTS: All materials incorporated in or accessible through this site, including without limitation, text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, software, and other content, and the compilation, collection, arrangement, and assembly thereof (including the look and feel of this site), are protected by international copyright laws, and are owned or controlled by Release Music("RELEASE PROMO DJ POOL ") or by the original creators of such materials or their respective assignees. Any copying, reproduction, modification, sale, distribution, transmission, republication, downloading, display, posting, performance, or other exploitation thereof by any means or medium without express authorization of RELEASE PROMO DJ POOL or other copyright owner is strictly prohibited. In the event of any permitted use of such materials, including without limitation, any copying, reproductions, distribution, republication, downloading, or display thereof, you will make no changes in or deletion of author attribution, trademark legend, or copyright notice. No right, title, or interest in any such materials will be granted or transferred to you as a result of any permitted use of such materials.

4.2 TRADEMARKS: "Release Promo", " RELEASE PROMO DJ POOL " and RELEASE PROMO DJ POOL logo and all other graphics, logos, trade names and service names incorporated in this site are trademarks or registered trademarks of their respective owners, and are protected by international trademark laws. None of such trademarks may be used in connection with any product or service other than in association with RELEASE PROMO DJ POOL or the respective owners of the tradenames or trademarks in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits RELEASE PROMO DJ POOL.

5. TECHNOLOGICAL AND USE LIMITATIONS
5.1 RELEASE PROMO DJ POOL will make reasonable efforts to keep the RELEASE PROMO DJ POOL WEBSITE operational. However, certain technical difficulties or routine site maintenance or upgrades may, from time to time, result in temporary service interruptions. RELEASE PROMO DJ POOL 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 RELEASE PROMO DJ POOL 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.

5.2 The service has been developed to allow individual end users the opportunity to sample and experience a broad catalog of music at a very reasonable price. By enrolling in the service, you acknowledge and agree that you have no right to provide any files obtained through the service to any other party or through any other means. You may only make copies of any file obtained through the service for your own personal use. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. RELEASE PROMO DJ POOL reserves the right to immediately and permanently terminate your access to the service if RELEASE PROMO DJ POOL believes that you are violating such limitation.

5.3 Because the service is designed for personal sampling and use, you are not allowed to use any automated system for the selection or downloading of files. RELEASE PROMO DJ POOL reserves the right to immediately and permanently terminate your access to the service if RELEASE PROMO DJ POOL believes that you are violating such limitation.

6. TERM, FEES AND PAYMENTS
6.1 By registering for the service, you agree to pay the applicable $59USD per monthrate when charged and agree to the minimum 3 month term. You will be charged either on the 1st of the month or 15th of the month depending on your signup date.

6.2 You agree to pay all fees and charges incurred in connection with your unique ID and password for the service at the rates in effect when the charges were incurred. All fees and charges are nonrefundable. If you want to designate a different credit card or there is a change in credit card validity or expiration date, or if you believe someone has accessed the service using your ID and password without your authorization, you must contact info@releasepromo.com

6.3 You agree to pay RELEASE PROMO DJ POOL all reasonable attorney's fees and costs incurred by RELEASE PROMO DJ POOL to collect any past due amounts. Your account may be deactivated without further notice if payment is past due, regardless of the dollar amount. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your service account.

6.4 You are responsible for paying any governmental taxes imposed on your use of the service, including, but not limited to, sales, use or value-added taxes. You are solely responsible for arranging payment for any and all additional or premium charges for your use of any third party services via the service.

6.5 RELEASE PROMO DJ POOL RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY RELEASE PROMO DJ POOL. RELEASE PROMO DJ POOL MAY PROVIDE NOTICE OF BILLING CHANGES VIA EMAIL OR BY ON-LINE POSTING AT http://www.releasepromo.com. If any such change is unacceptable to you, you may terminate your subscription to the service, as provided in Section 7 below. YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO SUCH FEES AND BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE.

7. TERMINATION
7.1 You agree that RELEASE PROMO DJ POOL, 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 RELEASE PROMO DJ POOL believes that you have violated or acted inconsistently with the letter or spirit of the Agreement. RELEASE PROMO DJ POOL 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 RELEASE PROMO DJ POOL may immediately deactivate or delete your account and/or bar any further access to the service. Further, you agree that RELEASE PROMO DJ POOL shall not be liable to you or any third-party for any termination of your access to the service.

7.2 You may terminate this Agreement and your subscription to the service at any time. HOWEVER, IF YOU TERMINATE YOUR SUBSCRIPTION IN THE MIDDLE OF A BILLING CYCLE, YOU WILL BE REQUIRED TO PAY A TERMINATION FEE EQUAL TO THE FEE FOR SERVICE FOR THE NUMBER OF DAYS REMAINING IN THE BILLING CYCLE AFTER NOTICE OF TERMINATION. ANY PAYMENT IN ADVANCE FOR FUTURE SERVICE IS NONREFUNDABLE.

8. INTELLECTUAL PROPERTY RIGHTS
8.1 Only you may access the service using your ID and password, unless otherwise agreed to in writing by RELEASE PROMO DJ POOL. The content available through the service is the property of RELEASE PROMO DJ POOL or its licensors and is protected by copyright and other intellectual property laws. Content received through the service may be used and played for your use only. You agree not to reproduce, retransmit, distribute, disseminate, sell, make available to third parties or circulate the content received through the service to anyone or to exploit any such content for commercial or noncommercial purposes not intended by this Agreement without the express prior written consent of RELEASE PROMO DJ POOL. You agree to indemnify and hold harmless RELEASE PROMO DJ POOL for your failure to comply with this Section 8.1.

8.2 You acknowledge that RELEASE PROMO DJ POOL retains exclusive ownership of the service and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the service or its contents, and RELEASE PROMO DJ POOL reserves all rights not expressly granted hereunder. You shall promptly notify RELEASE PROMO DJ POOL in writing upon your discovery of any unauthorized use or infringement of the service (or its contents) or RELEASE PROMO DJ POOL it's patent, copyright, trade secret, trademarks or other intellectual property rights. The service contains proprietary and confidential information that is protected by copyright laws and international treaty provisions.

9. 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. RELEASE PROMO DJ POOL DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE, RELEASE PROMO DJ POOL WEBSITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH RELEASE PROMO DJ POOL WEBSITE OR ANY PORTION THEREOF, EXPRESS, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS AND THE SUITABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENETS AND ACCURACY OF THE INFORMATION, PRODUCTS AND RELATED GRAPHICS CONTAINED WITHIN RELEASE PROMO DJ POOL WEBSITE, SERVICE OR PRODUCTS.

10. 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.

PRIVACY POLICY
http://www.releasepromo.com is a web site owned and operated by Release Music (referred to as " RELEASE PROMO DJ POOL "). Please read these statements, terms and conditions carefully before using this website. By accessing or using this site, you acknowledge and agree to the disclaimers, terms and conditions set forth below. If you do not agree, please do not use this site. Please read the following carefully.
RELEASE PROMO DJ POOL gathers certain types of information about the people who download and use RELEASE PROMO DJ POOL service. The following policy explains what information is captured, how it is handled and how to change it. The policy is subject to change from time to time so please check back periodically.

GATHERED AND TRACKED INFORMATION
• Registration and Tracking Information. RELEASE PROMO DJ POOL gathers data that members provide through voluntary registrations on our site and aggregate tracking information derived mainly by tallying page views throughout our sites and clicks on our newsletters or advertisements. Such information enables us to better tailor our content to customer needs and to help us to better understand the demographics of our members.
• Track Surveys. RELEASE PROMO DJ POOL conducts member surveys to better target our content to our members. While RELEASE PROMO DJ POOL will share the aggregated responses and demographic information in these surveys with labels and partners, RELEASE PROMO DJ POOL will not release any personally identifiable information relating to any customer.
• Counters. On occasion, RELEASE PROMO DJ POOL uses a counter to track member traffic patterns on our web site. A counter provides no member identifiable data but allows RELEASE PROMO DJ POOL to count which pages have been viewed. RELEASE PROMO DJ POOL does not aggregate or track personally identifiable information when using a counter, only usage patterns. This information is collected for internal marketing and sales efforts. The data is also used to predict responses to advertisements, to help determine which ads perform best and which content is most appropriate for different members.
• Cookies. RELEASE PROMO DJ POOL may use your browser to set a "cookie" on your system. A cookie is a unique number that is recorded and stored on a member's computer in their web browser's cookie file. Cookies do not harm computers and can't read data off your hard disk. They simply allow us to measure and report the statistics and provide important insight that is used to provide a more enriching experience for the computing public. While aggregate statistics may be provided to advertisers and revenue sharing partners, the cookie will not, in any way, be associated with any personal data about the member. A member may choose to opt-out of receiving the benefits associated with our use of cookies at any time by following a simple procedure to manually delete his or her cookies. Members should refer to their respective browser's user manual for instructions on taking such action.

USE OF INFORMATION: RELEASE PROMO DJ POOL uses the information voluntarily given by our members to enhance their experience on our site to better prepare future content based on the interests of our members. RELEASE PROMO DJ POOL may also use the aggregated information to attract additional labels and advertisers. We use tracking information to determine which areas of our sites members like and don't like based on traffic to those areas. RELEASE PROMO DJ POOL does not track what individual members read, but rather how well each page performs overall. This helps us continue to build a better service for you.
SHARING OF INFORMATION: RELEASE PROMO DJ POOL uses the above-described information to tailor our content to suit your needs and help our music labels and advertisers better understand our customer's demographics. RELEASE PROMO DJ POOL will not release any personally identifiable information relating to any customer.

CHILDREN PRIVACY: Registrants of RELEASE PROMO DJ POOL service must be over the age of 18. RELEASE PROMO DJ POOL web site, products, and services are not developed for or directed at children. If you believe your child has provided RELEASE PROMO DJ POOL with personally identifiable data, or registered at RELEASE PROMO DJ POOL web site, and you would like to have them removed, please contact info@releasepromo.com.
CORRECT / UPDATE POLICY: RELEASE PROMO DJ POOL offers members the ability to correct or change the information collected during the registration process. The instructions for doing this can be found in our Members area. Members may change this information at any time and as often as necessary. Members who are experiencing problems or who have any questions about how our services work can contact us at info@releasepromo.com.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY: 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. RELEASE PROMO DJ POOL DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE, RELEASE PROMO DJ POOL WEBSITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH RELEASE PROMO DJ POOL WEBSITE OR ANY PORTION THEREOF, EXPRESS, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS AND THE SUITABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENETS AND ACCURACY OF THE INFORMATION, PRODUCTS AND RELATED GRAPHICS CONTAINED WITHIN RELEASE PROMO DJ POOL WEBSITE, SERVICE OR PRODUCTS. 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. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR, OR CORRECTION RESULTING FROM YOUR ACCESS TO OR USE OF THIS SITE OR ANY THIRD-PARTY SITE ACCESSED THROUGH THIS SITE.

CONTINUING VALIDITY: If any term or other provision hereof is determined by any court of competent jurisdiction to be invalid, illegal, or unenforceable in whole or in party by reason of any applicable law or public policy, and such determination becomes final and non-appealable, such term or other provision will remain in full force and effect to the fullest extent permitted by law, and all other terms and provisions hereof will remain in full force and effect in their entirety.

REFUND POLICY: There are no refunds on any software or downloaded items from RELEASE PROMO DJ POOL

RIGHT TO AMEND: RELEASE PROMO DJ POOL RESERVES THE RIGHT TO MAKE CHANGES TO THIS SITE AND THESE DISCLAIMERS, TERMS AND CONDITIONS AT ANY TIME WITHOUT PRIOR NOTICE. THE PRIVACY STATEMENT CONTAINED HEREIN IS NOT INTENDED AS A CONTRACT OR AS CREATING ANY LEGAL RIGHTS, AND MAY BE AMENDED FROM TIME TO TIME.

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