A. Content. The Site contains a variety of: (i) materials and other items relating to Hello Music and its products and services, and similar items from our licensors and other third parties, including all layout, information, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the "look and feel" of the Site, and the compilation, assembly, and arrangement of the materials of the Site and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including those of Hello Music (collectively, "Trademarks"); and (iii) other forms of intellectual property (all of the foregoing, collectively "Content").

B. Ownership. The Site (including past, present, and future versions) and the Content are owned or controlled by Hello Music and our licensors and certain other third parties. All right, title, and interest in and to the Content available via the Site is the property of Hello Music or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, patent, or other intellectual property rights and laws to the fullest extent possible. Hello Music owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Site.

C. Limited License. Subject to your strict compliance with these Terms of Service and the Additional Terms, Hello Music grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to (i) download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use via a standard web browser to enable display) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, an "Internet Device") for your personal, non-commercial use only, and (ii) to use certain Content that we may from time to time make available on the Site explicitly for you for use as part of your User-Generated Content (defined below) ("Hello Music Licensed Elements"), but only for such purposes as may be explicitly stated at the time that the Hello Music Licensed Elements are made available on the Site; but we and our licensors and certain other third parties, as the case may be, retain ownership of such Hello Music Licensed Elements. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Hello Music's sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content and/or Hello Music Licensed Elements, subject to certain Additional Terms.

D. Rights of Others. In using the Site, you must respect the intellectual property and other rights of Hello Music and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. Hello Music respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via the Site, then please see Sections 5 and 6 below.

B. Community Usage Rules. As a user of the Site, these Community Usage Rules ("Rules") are here to help you understand the conduct that is expected of members of the Site's online communities ("Communities").

C. Alerting Us of Violations. If you discover any content that violates these Terms of Service, then you may report it to ip@HelloMusic.com. For alleged infringements of intellectual property rights, see Sections 5 and 6, below.

A. Site Use Restrictions. You agree that you will not: (i) aside from the purchase of goods or services offered for sale by Hello Music or its affiliates, use the Site for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other "hidden text" utilizing any Hello Music trademarks or trade names; (iii) engage in any activities through or in connection with the Site that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to Hello Music; (iv) reverse engineer, decompile, disassemble, reverse assemble, or modify any Site source or object code or any software or other products, services, or processes accessible through any portion of the Site; (v) engage in any activity that interferes with a user's access to the Site or the proper operation of the Site, or otherwise causes harm to the Site, Hello Music, or other users of the Site; (vi) interfere with or circumvent any security feature of the Site or any feature that restricts or enforces limitations on use of or access to the Site, the Content, or the User-Generated Content; or (vii) otherwise violate these Terms of Service or any Additional Terms.

B. Content Use Restrictions. You also agree that, in using the Content (other than your User-Generated Content that does not contain any Hello Music Licensed Elements): (i) you will not monitor, gather, copy, or distribute such Content (except as may be a result of standard search engine or activity or use of a standard Internet browser) on the Site by using any robot, rover, "bot", spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors' products, services, or brands; (v) you will not make any modifications to such Content (other than to the extent of your permitted use of the Hello Music Licensed Elements, if applicable); (vi) you will not modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms of Service or any Additional Terms or with the prior written consent of an officer of Hello Music or, in the case of Content from a licensor, the owner of the Content; and (vii) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.

C. Availability of Site and Content. Hello Music may immediately suspend or terminate the availability of the Site and Content (and any elements and features of them) for any reason, in Hello Music's sole discretion, and without advance notice or liability.

D. Reservation of All Rights Not Granted as to Content and Site. These Terms of Service and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Site. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Hello Music and its licensors and other third parties. Any unauthorized use of any Content or the Site for any purpose is prohibited.

The Site's practices governing any resulting collection and use of your personal information are disclosed in its Privacy Policy.

If you register for any feature that requires a password and/or username, then you will select your own password at the time of registration (or we may send you an e-mail notification with a randomly generated initial password) and you agree that: (i) You will not use a username (or e-mail address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive. We may reject the use of any password, username, or e-mail address for any other reason in our sole discretion; (ii) You will provide accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete; (iii) You are solely responsible for all activities that occur under your account, password, and username - whether or not you authorized the activity; (iv) You are solely responsible for maintaining the confidentiality of your password and for restricting access to your Internet Device so that others may not access any password protected portion of the Site using your name, username, or password; (v) You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and (vi) You will not sell, transfer, or assign your account or any account rights.

We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.

If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms of Service, any Additional Terms, or any applicable law, then we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits - all in our sole discretion, for any reason, and without advance notice or liability.

A. DMCA Notice. Hello Music will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA"), as set forth below. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner's) copyright in that work has been infringed by an improper posting or distribution of it via the Site, then you may send us a written notice that includes all of the following:

B. Counter-Notification. If access on the Site to a work that you submitted to Hello Music is disabled or the work is removed as a result of a DMCA Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed of disabled by mistake or misidentification may be subject to liability.

If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Site. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.

(a) a legend or subject line that says: "Intellectual Property Infringement Notice";

(b) a description of the intellectual property that you claim has been infringed;

(c) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Site on which the material appears);

(d) your full name, address, telephone number, and e-mail address;

(e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner of the intellectual property, its agent, or the law;

(f) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the owner of the intellectual property at issue (or, if you are not the owner, then your statement must indicate that you are authorized to act on the behalf of the owner of the intellectual property that is allegedly infringed); and,

(g) your electronic or physical signature.

We will act on such notices in our sole discretion. Any user of the Site that fails to respond satisfactorily to Hello Music with regard to any such notice is subject to suspension or termination. We may send the information that you provide in your notice to the person who provided the allegedly infringing material.

A. Because we may not be an authorized dealer of some products we sell, manufacturers' warranties for those products we sell may be void or otherwise not honored. If a manufacturer does not honor its warranty on a product we have sold as the seller of record (i.e., not where we broker or facilitate third-party sales, including, without limitation, when you link from our Site to another site or service), and you need service don't fret (bad pun, we know). Our concierge service warrants for up to, but not to exceed, one (1) year from purchase that the product will be free from material defects in materials or workmanship for the same period (not to exceed a year) and on the same terms that the factory warranty would have provided ("Warranty Period"). In other words, if the manufacturer's warranty was six (6) months from purchase, but it is not honored solely because your purchase was not from an authorized dealer, our alternative warranty will cover that same six-month period. Simply contact support@hellomusic.com or call 888-240-0050 with proof of purchase from Hello Music and a copy of the manufacturer's warranty provided with the product. If the manufacturer's warranty would have covered the repair, we will facilitate repairs at Hello Music's cost, often through a service center that also provides manufacturer-authorized repairs. If we are unable to repair the item, we will provide either a replacement or a full refund. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. IMPLIED WARRANTIES ARE LIMITED TO THE WARRANTY PERIOD. Some states do not allow the exclusion or limitation of implied warranties, so the above limitation may not apply to you. Our alternative Limited Warranty is not transferable and only covers the item for so long as you, the immediate purchaser, own it. Finally, while it might be exciting to smash your ax like Townshend or light it on fire like Hendrix, we won't cover intentional or negligent damage.

B. Third-Party Products and Services Provided As-Is Without Hello Music Warranty. To the extent that Hello Music offers third-party services for sale, that purchase is without a warranty of any kind from us, express or implied. Also, when Hello Music acts as a facilitator of third party sales of products, such as when we post opportunities to purchase vintage instruments from third parties, that purchase is without a warranty of any kind from us, express or implied. We will clearly indicate products and services which are offered by third parties and for which Hello Music is not the seller of record. Hello Music's Limited Warranty, the terms of which are in Section 9(A) above, is applicable only to certain tangible, physical goods sold by Hello Music as the seller of record and not to services or to products where we are acting as a facilitator. Those service providers or sellers may or may not offer a warranty.

We do our best to describe every item offered on this Site as accurately as possible. However, we are human, and therefore we do not warrant that product specifications, pricing, or other content on the Site is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications of any product, Hello Music shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card prior to cancellation, we will issue a credit to your account in the amount of the charge. If a product you purchased from Hello Music is not as described, your sole remedy is to return it in unused condition, complete and undamaged, in the original packaging.

A. Linked Websites; Advertisements. The Site may contain links, as part of third-party ads on the Site or otherwise, to or from third-party websites ("Linked Websites"), including websites operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with Hello Music. Hello Music may have no control over the content, operations, policies, terms, or other elements of Linked Websites, and Hello Music does not assume any obligation to review any Linked Websites. Hello Music does not endorse, approve, or sponsor any Linked Websites, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, Hello Music is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. Finally, Hello Music will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third-party hyperlinked sites. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use, and rules issued by the operator of the Linked Websites. Hello Music disclaims all liability in connection therewith.

B. Dealings with Third Parties. Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Site (including on or via Linked Websites or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). Hello Music disclaims all liability in connection with therewith.

A. Wireless Features. The Site may offer certain features and services that are available to you via your wireless Internet Device. These features and services may include the ability to access the Site's features and upload content to the Site, receive messages from the Site, and download applications to your wireless Internet Device (collectively, "Wireless Features"). Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Internet Device. You should check with your carrier to find out what plans are available and how much they cost. Contact your carrier with questions regarding these issues.

B. Terms of Wireless Features. You agree that as to the Wireless Features for which you are registered for, we may send communications to your wireless Internet Device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features. If you have registered via the Site for Wireless Features, then you agree to notify Hello Music of any changes to your wireless contact information (including phone number) and update your accounts on the Site to reflect the changes.

A. First - Try to Resolve Disputes and Excluded Disputes. If any controversy, allegation, or claim arises out of or relates to the Site, the Content, your User-Generated Content, these Terms of Service, or any Additional Terms, whether heretofore or hereafter arising (collectively, "Dispute"), or to any of Hello Music's actual or alleged intellectual property rights (an "Excluded Dispute", which includes those actions set forth in Section 15(D)), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 15(A). Your notice to us must be sent to: Hello Music, Inc., 1100 Glendon Avenue, Suite 1600, Los Angeles, 90024, U.S.A., Attention: Legal. For a period of sixty (60) days from the date of receipt of notice from the other party, Hello Music and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or Hello Music to resolve the Dispute or Excluded Dispute on terms with respect to which you and Hello Music, in each of our sole discretion, are not comfortable.


C. Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT A EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 15(A)) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES -- OR IT WILL BE FOREVER BARRED.

D. Injunctive Relief. The foregoing provisions of this Section 15 will not apply to any legal action taken by Hello Music to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Site, any Content, your User-Generated Content and/or Hello Music's intellectual property rights (including such Hello Music may claim that may be in dispute), Hello Music's operations, and/or Hello Music's products or services.

E. Small Claims Matters Are Excluded from Arbitration Requirement. Notwithstanding the foregoing, either of us may bring qualifying claim of Disputes (but not Excluded Disputes) in small claims court, subject to Section 15(G).

F. No Class Action Matters. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. But if, for any reason, any court with competent jurisdiction or any arbitrator selected pursuant to Section 15(B)(i) holds that this restriction is unconscionable or unenforceable, then our agreement in Section 15(B) to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section 15(G).

G. Federal and State Courts in Los Angeles. Except to the extent that arbitration is required in Section 15(B), and except as to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute may only be instituted in state or federal court in Los Angeles County, California. Accordingly, you and Hello Music consent to the exclusive personal jurisdiction and venue of such courts for such matters.

YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK.

THE SITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS. Therefore, to the fullest extent permissible by law, Hello Music, LLC and its subsidiaries and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, "Hello Music Parties") hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:

EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A HELLO MUSIC PARTY, HELLO MUSIC PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.

Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions' laws are applicable.

UNDER NO CIRCUMSTANCES WILL ANY HELLO MUSIC PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:

The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Hello Music Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Site).

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.

EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HELLO MUSIC PARTIES' TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE AND YOUR RIGHTS UNDER THESE TERMS OF SERVICE, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID HELLO MUSIC IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE. FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY THAT IS PROVIDED BY HELLO MUSIC OR A MANUFACTURER OF A PHYSICAL PRODUCT.

Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.

IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SITE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, CONTENT, USER-GENERATED CONTENT, PRODUCT, SERVICE, OR OTHER INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY HELLO MUSIC (INCLUDING YOUR LICENSED USER-GENERATED CONTENT) OR A LICENSOR OF HELLO MUSIC.

A. Updates to Terms of Service. Hello Music reserves the right to modify these Terms of Service and any Additional Terms, at any time without prior notice ("Updated Terms"). You agree that we may notify you of the Updated Terms by posting them on the Site so that they are accessible via a link on the Site, and that your use of the Site after we post the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Service and any Additional Terms on a regular and frequent basis. The Updated Terms will be effective as of the time that Hello Music posts them on the home page of the Site, or such later date as may be specified in them.

B. Hello Music's Consent or Approval. As to any provision in these Terms of Service or any Additional Terms that grants Hello Music a right of consent or approval, or permits Hello Music to exercise a right in its "sole discretion," Hello Music may exercise that right in its sole and absolute discretion. No Hello Music consent or approval may be deemed to have been granted by Hello Music without being in writing and signed by an Officer of Hello Music.

C. Applicable Law. These Terms of Service and any Additional Terms will be governed by and construed in accordance with, and any Dispute and Excluded Dispute will be resolved in accordance with, the laws of the State of California, without regard to its conflicts of law provisions.

D. Indemnity. You agree to, and you hereby, defend, indemnify, and hold Hello Music Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys' fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Hello Music Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your User-Generated Content; (ii) your use of the Site and your activities in connection with the Site; (iii) your breach or anticipatory breach of these Terms of Service or any Additional Terms; (iv) your violation or anticipatory violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Site or your activities in connection with the Site; (v) information or material transmitted through your Internet Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) Hello Music Parties' use of the information that you submit to us (including your User-Generated Content) (all of the foregoing, "Claims and Losses"). You will cooperate as fully required by Hello Music Parties in the defense of any Claim and Losses. Notwithstanding the foregoing, Hello Music Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Hello Music Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Hello Music Party.

E. Operation of Site; Availability of Products and Services; International Issues. Hello Music controls and operates the Site from its U.S.-based offices in the U.S.A., and Hello Music makes no representation that the Site is appropriate or available for use beyond the U.S.A. If you use the Site from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. The Site may describe products and services that are available only in the U.S.A. (or only parts of it) and are not available worldwide. We reserve the right to limit the availability of the Site and/or the provision of any content, program, product, service, or other feature described or available on the Site to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide. You and we disclaim any application to these Terms of Service of the Convention on Contracts for the International Sale of Goods.

F. Export Controls. Software related to or made available by the Site may be subject to export controls of the U.S.A. No software from the Site may be downloaded, exported, or re-exported (i) into (or to a national or resident of) any country or other jurisdiction to which the U.S.A. has embargoed goods, software, technology or services (which, as of the effective date of these Terms of Service, includes Cuba, North Korea, Iran, Sudan, and Syria), or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders, or (iii) to anyone on the U.S. Department of Commerce's Bureau of Industry and Security Entities List as published in the Export Administration Regulations (including entities engaged in weapons of mass destruction proliferation in various countries and persons and entities that are suspected of diverting U.S. origin items to embargoed countries or terrorist end-uses). By downloading any software related to the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

G. Severability; Interpretation. If any provision of these Terms of Service, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms of Service or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms of Service or the Additional Terms (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word "including" is used in these Terms of Service or any Additional Terms, the word will be deemed to mean "including, without limitation,".

H. Communications. When you communicate with us electronically, such as via e-mail and text message, you consent to receive communications from us electronically. Please note that, except as set forth in Section 5, we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

I. Investigations; Cooperation with Law Enforcement; Termination; Survival. Hello Music reserves the right, without any limitation, to: (i) investigate any suspected breaches of its Site security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms of Service and any Additional Terms, (iii) investigate any information obtained by Hello Music [in accordance with its Privacy Policy] in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms of Service and any Additional Terms, and (vi) discontinue the Site, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to Hello Music under these Terms of Service or any Additional Terms. Upon suspension or termination of your access to the Site, or upon notice from Hello Music, all rights granted to you under these Terms of Service or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Site. The provisions of these Terms of Service and any Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Hello Music in these Terms of Service, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.

J. Assignment. Hello Music may assign its rights and obligations under these Terms of Service and any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms of Service and any Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Hello Music.

K. No Waiver. Except as expressly set forth in these Terms of Service or any Additional Terms, (i) no failure or delay by you or Hello Music in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms of Service or any Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.