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Terms of Use

Last modified: August 6, 2008

Welcome to the 8tracks, Inc. ("8tracks") website — http://8tracks.com — and any and all products, services, applications, platforms, websites, or other affiliated ventures offered, controlled, owned or operated by 8tracks (the "8tracks Platform"). The following Terms of Use for the 8tracks Platform is a legal contract between you, either an individual customer, member or user, or a single entity and 8tracks regarding your use of the 8tracks Platform. Throughout these Terms, "8tracks" and "We" refers to 8tracks, Inc. and its affiliates. "You" or "Users" refers to you, our users — everyone who uses, subscribes to, publishes through, joins, or visits 8tracks.

BEFORE USING THE 8TRACKS PLATFORM, PLEASE READ CAREFULLY THE FOLLOWING CONDITIONS AND TERMS OF USE. BY REGISTERING FOR AND/OR ACCESSING, BROWSING, AND USING THE 8TRACKS PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING ANY ADDITIONAL GUIDELINES, AND ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS"). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE 8TRACKS PLATFORM. NOTE TO CHILDREN UNDER 13 YEARS OF AGE: THE 8TRACKS PLATFORM IS NOT FOR PERSONS UNDER THE AGE OF 13. If you are under 13 years of age, then please do not use the 8tracks Platform.

1. Eligibility

You represent that you are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the 8tracks Platform is not intended for children under the age of 13. If you are using or opening an account on the 8tracks Platform on behalf of a company, entity, or organization (collectively "Subscribing Organization"), then you represent and warrant that you: (1) are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms and (2) agree to be bound by these Terms on behalf of such Subscribing Organization.

2. Privacy policy

8tracks understands that privacy is important. By using the 8tracks Platform, you expressly consent to the information handling practices described in this notice. This Privacy Policy is incorporated into and is subject to the 8tracks Platform Terms of Use. Your use of the 8tracks Platform and any personal information you provide through the 8tracks Platform are subject at all times to this Privacy Policy and the Terms of Use.

A. The Information 8tracks Collects

  • Information You Provide: You may provide to 8tracks what is generally called "personally identifiable" information (such as your name, age, zip code, email address, credit card number, postal mailing address, and telephone numbers) if you use certain services or products from the 8tracks Platform or otherwise use the features and functionality of the 8tracks Platform.
  • "Automatically Collected" Information: When you access the 8tracks Platform (including through your computer or your mobile device) or open one of our HTML emails, we may automatically record certain information from your system by using different types of tracking technology. This "automatically collected" information may include Internet Protocol address ("IP Address"), a unique user ID, version of software installed, system type, your listening preferences, the content and pages that you access on the 8tracks Platform, and the dates and times that you visit the 8tracks Platform.
  • "Cookies" Information: When you access the 8tracks Platform, we may send one or more cookies — small text files containing a string of alphanumeric characters — to your computer. 8tracks may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the 8tracks Platform in order to improve your experience, as explained in B below. Persistent cookies can be removed. Please review your web browser "Help" file to learn the best way to modify your cookie settings.
  • Your User ID: Your User ID is displayed throughout the 8tracks Platform and is therefore available to the public. Other people can see your feedback, ratings and associated comments, etc. Therefore, if you associate your actual name with your User ID, the people to whom you have revealed your name will be able to personally identify your activities on the 8tracks Platform.

B. The Way 8tracks Uses Information

  • 8tracks uses the information that you provide or that we collect to operate, maintain, enhance, and provide all of the features and services found on the 8tracks Platform as well as to track user-generated content and Users to the extent necessary to comply as a service provider with the Digital Millennium Copyright Act and other applicable laws.
  • We may use your email address, without further consent, for administrative communications such as notifying you of major 8tracks Platform updates, for customer service purposes, and to send privacy or security related notices.
  • 8tracks uses all of the information that we collect to understand the usage trends and preferences of our Users, to improve the way the 8tracks Platform works and looks, and to create new features and functionality.
  • 8tracks may use "Automatically Collected" information and "Cookies" information to: (a) automatically update the 8tracks application on your system; (b) remember your information so that you will not have to re-enter it during your visit or the next time you access the 8tracks Platform; (c) provide customized third-party advertisements, content and information; (d) monitor and report on the effectiveness of third-party marketing campaigns; (e) monitor and report aggregate usage metrics such as total number of visitors and pages accessed; and (d) track your entries, submissions, and status in any promotions or other activities.

C. When 8tracks Discloses Information

  • 8tracks does not share your personally identifiable information with other organizations for their marketing or promotional uses without your prior express consent. Please be aware, however, that any personally identifiable information that you voluntarily choose to display on any publicly available portion of the 8tracks Platform — such as when you publish contact information to complete your profile information — becomes publicly available and may be collected and used by others without restriction.
  • 8tracks may disclose Automatically Collected and other aggregate non-personally-identifiable information (such as IP addresses, anonymous User usage data, listening preferences, referring or exit pages and URLs, platform types, number of clicks) with interested third parties to assist those parties in understanding the usage and demographic patterns for certain content, services, advertisements, promotions, or other functionality on the 8tracks Platform.
  • We may disclose some limited User information to affiliated companies or other businesses or persons to: provide website hosting, maintenance, and security services; fulfill orders; conduct data analysis and create reports; offer certain functionality; and assist 8tracks in improving the 8tracks Platform and creating new services features. We contractually require that these parties process such information in compliance with this Privacy Policy, we authorize only a limited use of such information, and we require these parties to use reasonable confidentiality measures.
  • 8tracks may disclose User information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. copyright or trademark law) or respond to a court order, judicial or other government subpoena, or warrant in the manner required by the requesting entity.
  • 8tracks also reserves the right to disclose User information that we believe, in good faith, is appropriate or necessary to take precautions against liability; enforce our Terms of Use; protect 8tracks from fraudulent, abusive, or unlawful uses; to investigate and defend ourselves against third-party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the 8tracks Platform; or to protect the rights, property, or personal safety of 8tracks, our Users, or others.

D. Your Choices and Access to your Personal Information

You may, of course, decline to share your personally-identifiable information with 8tracks, in which case 8tracks will not be able to provide to you some of the features and functionality found on the 8tracks Platform. You may view, update, correct, or delete your user information and preferences by contacting us at .

To protect your privacy and security, we take reasonable steps to verify your identity before granting you account access or making corrections to your information. YOU ARE RESPONSIBLE FOR MAINTAINING THE SECRECY OF YOUR UNIQUE PASSWORD AND ACCOUNT INFORMATION AT ALL TIMES.

E. Advertisers

8tracks allows third-party ad servers or ad networks to serve advertisements within the 8tracks Platform. These third-party ad servers or ad networks may use technology to send, directly to your browser, the advertisements that appear within the 8tracks Platform and they automatically receive your IP Address and other automatically collected information when this happens. Such third-party ad servers may also use other technologies (such as cookies, javascript, or web beacons) to measure the effectiveness of their advertisements and to personalize their advertising content.

8tracks does not provide your personally identifiable information to these third-party ad servers or ad networks without your consent. However, please note that if an advertiser asks 8tracks to show an advertisement to a certain audience or audience segment and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience that they were trying to reach.

You should consult the respective privacy policies of these third-party ad servers or ad networks for further information. This Privacy Policy does not apply to, and we cannot control the activities of, such other advertisers or websites. 8tracks reserves the right the add or remove third-party ad networks or ad servers in its discretion and 8tracks may not at all times list such updated ad network or ad server partners in this Privacy Policy.

F. Our Commitment to Data Security

8tracks uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to 8tracks, and you do so at your own risk. Once we receive your transmission of information, 8tracks makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If 8tracks learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. 8tracks may post a notice on the 8tracks Platform if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach you should notify us at .

G. Our Commitment to Children's Privacy

IF YOU ARE UNDER 13 YEARS OF AGE, THEN PLEASE DO NOT USE OR ACCESS THE 8TRACKS PLATFORM AT ANY TIME OR IN ANY MANNER.

Protecting the privacy of young children is especially important. For that reason, 8tracks does not knowingly collect or maintain personally identifiable information from persons under 13 years-of-age. If 8tracks learns that personally-identifiable information of persons less than 13-years-of-age has been collected on or through the 8tracks Platform, then 8tracks will take the appropriate steps to delete this information.

If you are the parent or legal guardian of a child under 13 who has become a 8tracks Platform member, then please contact 8tracks at to have that child's account terminated and information deleted.

H. International Visitors:

For Users visiting the 8tracks Platform from the European Union or other non-U.S. territories, please note that any data you enter into the 8tracks Platform will be transferred outside the European Union or such other non-U.S. territory for use by 8tracks and its affiliates for any of the purposes described herein. In addition, because 8tracks operates globally, we may make information we gather available to worldwide business units and affiliates. By providing any data on the 8tracks Platform, you hereby expressly consent to such transfers of your data to the United States or other countries.

I. In the Event of Merger or Sale

In the event that 8tracks is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from Users as part of that merger, acquisition, sale, or other change of control.

J. Third Parties

Except as otherwise expressly provided otherwise, this document addresses only the use and disclosure of information we collect from you or that you disclose to us. If you disclose your information to others besides 8tracks, whether they are users of the 8tracks Platform or on other sites or services, different rules may apply to their use or disclosure of the information you disclose to them. 8tracks does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We encourage you to ask questions before you disclose your personal information to others.

K. Changes and Updates to this Privacy Policy

This Privacy Policy may be revised periodically without further notice to you and this will be reflected by a "last modified" date below. Please revisit this page to stay aware of any changes. In general, we only use your personal information in the manner described in the Privacy Policy in effect when we received that personal information. Your continued use of the 8tracks Platform constitutes your agreement to this Privacy Policy and any future revisions.

For revisions to this Privacy Policy that may be materially less restrictive on our use or disclosure of personal information you have provided to us, we will make reasonable efforts to notify you and obtain your consent before implementing revisions with respect to such information.

L. 8tracks Contact Information

Please contact 8tracks with any questions or comments about this Privacy Policy, to obtain access to your personal information, and our third-party disclosure practices or your consent choices at 192 Orchard Street, 7B, New York, NY 10002, or by email at . We will respond to your inquiry within 30 days of its receipt.

3. Individual Features and Services

When using the 8tracks Service, you will be subject to any additional posted guidelines or rules applicable to specific services, and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into the Terms.

4. Modification of the Terms

8tracks reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time and from time to time without notice to you. Please check these Terms and any Guidelines periodically for changes. Your continued use of the 8tracks Service after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective (30) thirty days after they are initially posted on the 8tracks Service.

5. 8tracks Service Access

8tracks grants you permission to use the 8tracks Service as set forth in these Terms, provided that: (i) you use the 8tracks Service solely for your personal, private, noncommercial use; (ii) you do not copy, publicly display or distribute any part of the 8tracks Service in any medium without 8tracks's prior written authorization; (iii) you do not alter or modify any part of the 8tracks Service other than as may be reasonably necessary to use the 8tracks Service for its intended purposes; (iv) you do not engage in any of the prohibited uses described below; and (v) you will otherwise fully comply with these Terms. The 8tracks Service is controlled and offered by 8tracks from its facilities in the United States of America. 8tracks make no representations that the 8tracks Service is appropriate or available for use in other locations. Those who access or use the 8tracks Service from other jurisdictions do so at their own risk and are responsible for compliance with local law.

6. Ownership; Proprietary Rights

The 8tracks Service is owned and operated by 8tracks, Inc. The content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the 8tracks Service that are provided by 8tracks ("8tracks Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. 8tracks Materials do not include User Submissions (defined below) or any other content owned by and submitted by Users to the 8tracks Service. All 8tracks Materials contained on the 8tracks Service are the property of 8tracks or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names contained in the 8tracks Materials or on the 8tracks Service are proprietary to 8tracks or its affiliates and/or third-party licensors. Except as expressly authorized by 8tracks, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the 8tracks Materials. 8tracks reserves all rights not expressly granted in these Terms. You shall not acquire any right, title or interest to the 8tracks Materials, except for the limited rights set forth in these Terms.

7. Audio Content

7.1 Generally. 8tracks allows you to stream certain audio content through the 8tracks Service (the "Audio Content"). You hereby represent and warrant that you have the necessary licenses, rights, consents, and permissions to use and authorize 8tracks to stream and otherwise use Audio Content uploaded by you in the manner contemplated by 8tracks and these Terms.

7.2 Audio Content Representations. You hereby represent and warrant that when using the 8tracks Service for audio streaming, you will not interfere with the streaming mechanism of the 8tracks Service, including in any way that does not comply with 17 USC §§ 112 and 114, the regulations adopted pursuant thereto or other provisions of the copyright laws of the United States or any other applicable laws and regulations of jurisdictions in which you may be resident.

8. User Submissions.

8.1 General.The 8tracks Service may now or in the future permit the submission and posting or linking of media, commentary or any other content (including Audio Content) submitted by you and other users ("User Submissions"), and the hosting, sharing, and/or publishing of such User Submissions. User Submissions are displayed for entertainment and informational purposes only and are not controlled by 8tracks. 8tracks makes no representations that it will publish or use your User Submissions in any way and may or may not use your User Submissions in its sole discretion. You understand that whether or not such User Submissions are published, 8tracks does not guarantee any confidentiality with respect to any User Submissions.

8.2 Grant of Rights. You shall retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to 8tracks, you hereby grant 8tracks and its affiliates a non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicenseable, and transferable license, throughout the universe, to use, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform, and otherwise exploit your User Submissions in connection with the 8tracks Service and 8tracks's (and its successor's) business, including, without limitation, for promoting and redistributing part or all of the 8tracks Service (and derivative works thereof) in any media formats and through any media channels now known or hereafter discovered. You hereby grant 8tracks and its affiliates and sublicensees the right to use the name that you submit in connection with such User Submission if they choose to do so. You hereby irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Submissions. You also hereby grant to each user of the 8tracks Service a non-exclusive license to access your User Submissions through the 8tracks Service, and to use, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions as permitted by the functionality of the 8tracks Service and these Terms.

8.3 User Submissions Representations and Warranties. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize 8tracks to use all patent, trademark, copyright, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of User Submissions in the manner contemplated by 8tracks and these Terms, and to grant the rights and license set forth above, and (ii) your User Submissions, 8tracks's use of such User Submissions pursuant to these Terms , and 8tracks's exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) violate any applicable law or regulation.

8.4 User Submissions Prohibited Uses. In connection with your User Submissions, you further agree that you will not: (i) publish falsehoods or misrepresentations that could damage 8tracks or any third party; (iii) submit material that is unlawful, defamatory, libelous, slanderous, threatening, pornographic, obscene, vulgar, harassing, harmful, hateful, abusive, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or any right of privacy or publicity, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or (vi) post User Submissions that would be harmful to minors in any manner.

9. Content Disclaimer

You understand that when using the 8tracks Service, you will be exposed to User Submissions and other content (such User Submissions and other content, collectively, "Content") from a variety of sources, and that 8tracks is not responsible for the accuracy, integrity, quality, legality, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against 8tracks with respect thereto. 8tracks does not endorse any User Submission or other Content or any opinion, recommendation, or advice expressed therein. Under no circumstances will 8tracks be liable in any way for or in connection with any User Submissions or other Content, including, but not limited to, for any inaccuracies, errors or omissions in any Content, any intellectual property infringement with regard to any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, electronic mailed or otherwise displayed or transmitted through the 8tracks Service.

10. Monitoring Users and Content.

You understand that all Content is the sole responsibility of the person from whom such Content originated. This means that you, and not 8tracks, are entirely responsible for all User Submissions that you upload, post, e-mail, transmit or otherwise make available through the 8tracks Service. 8tracks does not control the Content posted by Users or otherwise made available by other persons and does not have any obligation to monitor such Content for any purpose. If at any time, 8tracks chooses, in its sole discretion, to monitor Content, 8tracks nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You acknowledge that 8tracks may or may not pre-screen User Submissions, but that 8tracks and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Submission that is available via the 8tracks Service. Without limiting the foregoing, 8tracks and its designees may, at any time and without prior notice, remove any User Submission that in the sole judgment of 8tracks violates these Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of any User Submissions or other Content, including any reliance on the accuracy, completeness, usefulness or legality of such User Submission or other Content.

11. Removal of Content

8tracks and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available on the 8tracks Service, in whole or in part, at any time for any reason or no reason, with or without notice and with no liability of any kind.

12. Prohibited Uses

12.1 As a condition of your use of the 8tracks Service, you will not use the 8tracks Service for any purpose that is unlawful or prohibited by these Terms. Access to the 8tracks Materials and the 8tracks Service from territories where their access or use thereof is illegal is strictly prohibited. 8tracks Users are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the Internet, technology, data, electronic mail, or privacy.

12.2 Any use by you of any of the 8tracks Materials and 8tracks Service other than for private, non-commercial use is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute or exploit, any portion of the 8tracks Service, use of the 8tracks Service, access to the 8tracks Service, or Content obtained through the 8tracks Service, for any purpose other than for your personal, private, non-commercial purposes.

12.3 You agree not to defame, harass, abuse, threaten, stalk or defraud Users of the 8tracks Service, or collect, or attempt to collect, personal information about Users or third parties without their consent.

12.4 You agree not to intentionally interfere with or damage, impair or disable the operation of the 8tracks Service or any User's enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code.

12.5 You agree not to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the 8tracks Service, features that prevent or restrict the use or copying of any content accessible through the 8tracks Service, or features that enforce limitations on the use of the 8tracks Service.

12.6 You agree not to attempt to gain unauthorized access to the 8tracks Service, or any part of it, other accounts, computer systems or networks connected to the 8tracks Service, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the 8tracks Service or any activities conducted on the 8tracks Service.

12.7 You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the 8tracks Service. You agree neither to modify the 8tracks Service in any manner or form, nor to use modified versions of the 8tracks Service, including, without limitation, for the purpose of obtaining unauthorized access to the 8tracks Service.

12.8 You agree that you will not use any robot, spider, scraper, or other automated means to access the 8tracks Service for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the 8tracks Service.

12.9 You agree not to utilize framing techniques to enclose any trademark, logo, or other 8tracks Materials without our express written consent. You agree not to use any meta tags or any other "hidden text" utilizing 8tracks's name or trademarks without our express written consent.

12.10 You will promptly remove any links that 8tracks finds objectionable in its sole discretion. You agree not to use any 8tracks logos, graphics, or trademarks as part of the link without our express written consent.

12.11 You agree not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the 8tracks Service. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.

12.12 You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the 8tracks Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

12.13 You agree not to modify, adapt, translate or create derivative works based upon the 8tracks Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

13. Account Information

In order to access some features of the 8tracks Service, you will have to create an account. You agree that the information you provide to 8tracks upon registration and, at all other times, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. You acknowledge, consent and agree that 8tracks may access, preserve and disclose your account information and User Submission if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to a claim that any User Submission violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of 8tracks, its users and the public.

14. Password

When you register you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), you will immediately notify 8tracks. You may be liable for the losses incurred by 8tracks or others due to any unauthorized use of your account.

15. Dealings with Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the 8tracks Service are solely between you and such advertiser. YOU AGREE THAT 8TRACKS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE 8TRACKS SERVICE.

16. Links and Third Party Content

8tracks or third parties may provide links on the 8tracks Service to other sites or content ("Reference Sites"). 8tracks has no control over such Reference Sites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of Reference Sites or content linked to by the 8tracks Service. 8tracks provides links to you only as a convenience, and the inclusion of any link on the 8tracks Service does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON REFERENCE SITES OR AVAILABLE THROUGH REFERENCE SITES, IS SOLELY AT YOUR OWN RISK. When you leave the 8tracks Service, our terms and policies no longer govern. You should review applicable terms and policies, including the privacy and data gathering practices, of any Reference Sites.

17. Availability of Service

8tracks may make changes to or discontinue any of the media, web communities, products, or services available within the 8tracks Service at any time, and without notice. The media, products, or services on the 8tracks Service may be out of date, and 8tracks makes no commitment to update these materials on the 8tracks Service.

18. User Disagreements

You are solely responsible for your involvement with other Users.

19. Terms of Use Violations; Termination

19.1 8tracks. You agree that 8tracks, in its sole discretion and for any or no reason, may terminate any User or customer account (or any part thereof) you may have at the 8tracks Service or your use of the 8tracks Service, and remove and discard all or any part of your account or any User Submission, at any time, with or without notice. 8tracks may also in its sole discretion and at any time discontinue providing access to the 8tracks Service, or any part thereof, with or without notice. You agree that any termination of your access to the 8tracks Service or any account you may have or portion thereof may be effected without prior notice, and you agree that 8tracks shall not be liable to you or any third-party for any such termination. 8tracks does not permit infringing activities on the 8tracks Service, and reserves the right to terminate access to the 8tracks Service, and remove all content submitted, by any persons who are found to be infringers. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies 8tracks may have at law or in equity.

19.2 User. If you are dissatisfied with the 8tracks Service, please let us know by electronic mailing us at . Your input is valuable to us. Your only other remedy with respect to any dissatisfaction with (i) the 8tracks Service, (ii) any term of these Terms, (iii) any policy or practice of 8tracks in operating the 8tracks Service, or (iv) any content or information transmitted through the 8tracks Service, is to terminate these Terms and your account. You may terminate these Terms at any time by closing your account, discontinuing your use of any and all parts of the 8tracks Service, and providing 8tracks notice of termination by electronic mail us at .

20. Indemnification; Hold Harmless

You agree to indemnify and hold harmless 8tracks, and its parent, subsidiaries, affiliates or any related companies (including those which share substantially common ownership), its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of any of them from any and all claims, losses, obligations, damages, liabilities, costs or debt and expenses (including attorney's fees) arising out of: (1) your use or misuse of the 8tracks Service; (2) your User Submissions, including 8tracks's use, display or other exercise of its license rights granted herein with respect to your User Submissions; (3) your violation of these Terms; (4) your violation of the rights of any other person or entity, including claims that any User Submission infringes or violates any third party intellectual property rights; and (5) your breach of the foregoing representations, warranties, and covenants. 8tracks reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of 8tracks. 8tracks will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

21. Disclaimers; No Warranties

21.1 No warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, 8TRACKS, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 8TRACKS OR THROUGH THE 8TRACKS SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 21, THE TERM 8TRACKS INCLUDES 8TRACKS'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUPPLIERS, LICENSORS, AFFILIATES AND SUBCONTRACTORS.

21.2 "As is" and "As available" and "With All Faults." YOU EXPRESSLY AGREE THAT THE USE OF THE 8TRACKS SERVICE IS AT YOUR SOLE RISK. THE 8TRACKS SERVICE, USER SUBMISSIONS AND ANY THIRD-PARTY MEDIA, CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE 8TRACKS SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

21.3 Platform Operation and Content. 8TRACKS, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE 8TRACKS MATERIALS, USER SUBMISSIONS, 8TRACKS SERVICE, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE 8TRACKS SERVICE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

21.4 Accuracy. 8TRACKS, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE 8TRACKS SERVICE OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

21.5 Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE 8TRACKS SERVICE (INCLUDING RSS FEEDS) OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

22. Limitation of Liability and Damages

22.1 Limitation of Liability. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL 8TRACKS OR ITS AFFILIATES, CONTRACTORS, DIRECTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE 8TRACKS MATERIALS AND USER SUBMISSIONS ON THE 8TRACKS SERVICE OR ANY REFERENCE SITES, THE 8TRACKS SERVICE ITSELF, OR ANY OTHER INTERACTIONS WITH 8TRACKS, EVEN IF 8TRACKS OR A 8TRACKS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, 8TRACKS'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

22.2 Limitation of Damages. IN NO EVENT SHALL 8TRACKS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE 8TRACKS SERVICE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF THE AMOUNT OF (A) ONE HUNDRED DOLLARS OR (B) THE AMOUNT OF FEES YOU HAVE PAID 8TRACKS IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.

22.3 Reference Sites. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN 8TRACKS AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE 8TRACKS SERVICE OR RECEIVED BY YOU THROUGH ANY REFERENCE SITES.

23. Limitations by Applicable Law; Basis of the Bargain.

23.1 Limitations by Applicable Law. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.

23.2 Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT 8TRACKS HAS OFFERED ITS PRODUCTS AND SERVICES, SET IT PRICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND 8TRACKS, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND 8TRACKS. YOU ACKNOWLEDGE AND AGREE THAT 8TRACKS WOULD NOT BE ABLE TO PROVIDE THE 8TRACKS SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

24. Music; Digital Millennium Copyright Act.

Anywhere pays royalties to ASCAP, BMI and SESAC for the public performance of musical works. Additionally, with respect to the performance of a sound recording, Anywhere has elected to operate under the statutory webcasting licenses codified in Sections 112 and 114 of the Copyright Act, has filed a Notice of Use of Sound Recordings Under Statutory License with the United States Copyright Office, and pays royalties to SoundExchange, Inc., the sole entity designated by the Copyright Royalty Board to receive royalty payments from eligible nonsubscription transmission services. If you are a copyright owner or an agent thereof, and you believe either: (1) that any music on the 8tracks Service has not been distributed to the public under the authority of the copyright owner of such music and the copyright owner has not otherwise permitted 8tracks to transmit the sound recording or (2) if any non-music content hosted on the 8tracks Service infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing 8tracks's Designated Copyright Agent with the following information in writing:

  1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the 8tracks Service are covered by a single notification, a representative list of such works on the 8tracks Service;
  3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit 8tracks to locate the material;
  4. information reasonably sufficient to permit 8tracks to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, "I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law."); and
  6. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is/are allegedly infringed by the aforementioned content.").

Please consult your legal counsel or see 17 U.S.C. ยง 512 to confirm these requirements. It is 8tracks's policy to respond to notices of alleged infringement that comply with the DMCA. In addition, 8tracks will promptly terminate without notice the accounts of Users that are determined by 8tracks to be "repeat infringers." 8tracks's Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows: Attention: Copyright Agent, 192 Orchard Street, 7B, New York, NY 10002, or by electronic mail at . For clarity, only DMCA notices should go to the Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to 8tracks customer service through . You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

25. United States Export Controls.

You agree to comply with all export laws and restrictions and regulations of the United States Department of Commerce or other United States or other sovereign agency or authority, and not to export, or allow the export or re-export of any technical data or any direct product thereof in violation of any such restrictions, laws or regulations, or unless and until all required licenses and authorizations are obtained with respect to the countries specified in the applicable United States Export Administration Regulations (or any successor supplement or regulations). The transfer of certain technical data and commodities may require a license from an agency of the United States government and/or written assurances by you that you will not export such technical data or commodities to certain foreign countries without prior approval of such agency. Your rights under these Terms are contingent on your compliance with this provision.

26. Miscellaneous.

26.1 Notice. 8tracks may provide you with notices, including those regarding changes to 8tracks's terms and conditions, by electronic mail , regular mail or postings on the 8tracks Service. Notice will be deemed given twenty-four hours after electronic mail is sent, unless 8tracks is notified that the electronic mail address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the 8tracks Service. In such case, notice will be deemed given three days after the date of mailing.

26.2 Dispute Resolution. If a dispute arises between you and 8tracks, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and 8tracks agree that we will resolve any claim or controversy at law or equity that arises out of these Terms or the 8tracks Services (a "Claim") in accordance with one of the subsections below or as 8tracks and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

(a) Choice of Law; Forum. These Terms shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against 8tracks must be resolved by a court located in California, except as otherwise agreed by you and 8tracks or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within California for the purpose of litigating all such claims or disputes.

(b) Arbitration Option. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

(c) Improperly Filed Claims. All claims you bring against 8tracks must be resolved in accordance with this Section 26.2 (Dispute Resolution). All claims filed or brought contrary to this Section 26.2 (Dispute Resolution) shall be considered improperly filed. Should you file a claim contrary to this Section 26.2 (Dispute Resolution), 8tracks may recover attorneys' fees and costs up to $1,000, provided that 8tracks has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

26.3 Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of 8tracks to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

26.4 Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

26.5 Assignment. The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by 8tracks without restriction. Any assignment attempted to be made in violation of these Terms shall be void.

26.6 No Agency. You agree that no joint venture, partnership, employment, or agency relationship exists between you and 8tracks as a result of these Terms or use of the 8tracks Service. You further acknowledge that by submitting User Submissions or other Content, no confidential, fiduciary, contractually implied or other relationship is created between you and 8tracks other than pursuant to these Terms.

26.7 Survival. The Sections entitled "Ownership; Proprietary Rights", "Your Audio Content", "User Submissions", "Disclaimers; No Warranties", "Indemnification; Hold Harmless", "Limitation of Liability and Damages", and "Miscellaneous" will survive any termination of these Terms.

26.8 Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.

26.9 Entire Agreement. This is the entire agreement between you and 8tracks relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. These Terms shall not be modified except in a writing, signed by both parties, or by a change to these Terms or Guidelines made by 8tracks as set forth in Section 4 above.

26.10 Disclosures. The services hereunder are offered by 8tracks, Inc., located at 192 Orchard Street, 7B, New York, NY 10002, or by electronic mail at . If you are a California resident, you may have this same information electronic mailed to you by sending a letter to the foregoing address with your electronic mail address and a request for this information.