CAREFULLY READ THESE TERMS AND CONDITIONS. BY AVAILING YOURSELF OF THE WEBSITE, MATERIALS OR RELATED SERVICES, YOU ARE CONSENTING TO BE BOUND BY THESE TERMS AND CONDITIONS AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME.

1. Grant: DOT.TUNES grants to You a non-exclusive, non-transferable, license to review and download Materials on the Website for entertainment purposes only. Except as set forth here, no interest, title, rights or license to any software, documentation, hardware, or any intellectual property embodied or used in connection with the Materials, or the Website is transferred to you.

2. Modification of Terms and Conditions: DOT.TUNES may modify these Terms and Conditions from time to time in its sole discretion. When such modification is made, DOT.TUNES will post a revised version of these Terms and Conditions on the Website. Modifications will be effective when they are posted. DOT.TUNES is not required to provide you with notification that any such modification has been made. It is your responsibility to review these Terms and Conditions from time to time to be aware of any such modifications. Each time you log on to the Website, you will be deemed to have accepted any such modifications.

3. Term and Termination: The Terms and Conditions of Use is for an ongoing term, not specific in length, which may be terminated by either party without written notice. If DOT.TUNES believes you are misusing your access to the Website or that your Password/Login information has been stolen, your registration will be terminated immediately. Upon violation of these Terms and Conditions of Use, all of your license rights terminate.

4. Territory: United States of America.

5. Privacy/Tracking Services: DOT.TUNES respects your privacy. In order to provide statistics to the companies providing Materials (the "Content Provider"), DOT.TUNES will track Users' visits to the Website and the Materials reviewed by the User, with the approval and consent of the User (User Information), via the use of Cookies, and Servers. DOT.TUNES may also automatically receive and record information from our servers and from Users' browser, including Users' IP address, the time, and information about the page and DOT.TUNES will act expeditiously to remove or disable access by Users to the Material subject to the infringement claim.

Users' identities may be disclosed to Content Providers, as well as information regarding your radio station and the Materials you review and download. It is your responsibility to maintain the privacy of your password and login information.

6. Delay: DOT.TUNES shall not be responsible for delay in posting of Materials to the Website or your inability to review or download Materials, due to any reason, including, without limitation, acts of God, Your actions, a Content Provider's actions, rescheduling due to priorities or governmental acts, regulations or requests, fire, accident, strike, slowdown, war, riot, or delay in transportation.

7. Users: You may be required to register in order to access some or all of the Web Services. To do so, you will be required to create a username and password, to agree to these terms and conditions and to provide your email address. If you become a Member, your Member name and account may automatically be valid for any services offered by DOT.TUNES. However, you may also be required to provide additional information (such as but not limited to billing information) and complete additional registration steps. Your Membership is solely for your personal use, and you shall not authorize others to use your account. You agree to notify DOT.TUNES immediately of any unauthorized use of your Member name, password or account and you agree to indemnify and hold harmless DOT.TUNES, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same.

8. Copyright/Trademark/Intellectual Property Ownership: The Content Providers retain ownership of any and all copyright, trademark, publicity, privacy and/or any other intellectual property rights they may have in the Materials. DOT.TUNES retains ownership in the Website and any underlying programming, object code, source code, scripting, designs or systems therein. All DOT.TUNES Website design, text, graphics (including button icons and Images, but excluding Materials) the selection and arrangement thereof, and all DOT.TUNES software and programming are Copyright © 2006 DOT.TUNES. DOT.TUNES.COM, FREE YOUR TUNES, FREE YOUR TUNES THE REST WILL FOLLOW, COMPOSE IT SHARE IT and the stylized versions thereof, are trademarks of DOT.TUNES.

9. Warranty/Indemnification: YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DOT.TUNES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. DOT.TUNES MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DOT.TUNES OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS OF USE.

e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

10. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT DOT.TUNES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DOT.TUNES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

11. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.

12. Notices: Notices or communications under these Terms and Conditions of Use shall be sent by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the following addresses: (a) if to DOT.TUNES, such notices shall be addressed to info@DOT.TUNES.com, (b) if to You, such notices shall be addressed to the email address you provided when you subscribed to the Website.

13. Choice of law/jurisdiction/venue: The Terms and Conditions of Use shall be governed by and construed in accordance with, and all legal issues arising from or related to either party's use of, or participation in the Website or Materials shall be determined by the laws of the State of New York without regard to that State's conflict-of-law provisions. The State and Federal courts of New York shall be the exclusive forum and venue to resolve any and all disputes arising out of or relating to the Terms and Conditions of Use or the subject matter hereof. You consent to personal jurisdiction and venue in the appropriate court in New York County, New York.

14. Miscellaneous: Entire Agreement. The TERMS AND CONDITIONS OF USE constitutes the entire agreement between you and DOT.TUNES and governs your use of the Service, superseding any prior agreements between you and DOT.TUNES with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other DOT.TUNES services, affiliate services, third-party content, or third-party software.

Waiver and Severability of Terms. The failure of DOT.TUNES to exercise or enforce any right or provision of the TERMS AND CONDITIONS OF USE shall not constitute a waiver of such right or provision. If any provision of the TERMS AND CONDITIONS OF USE is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TERMS AND CONDITIONS OF USE remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your DOT.TUNES account is non-transferable and any rights to your DOT.TUNES I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TERMS AND CONDITIONS OF USE must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TERMS AND CONDITIONS OF USE are for convenience only and have no legal or contractual effect.

15. Entire Agreement: These Terms and Conditions of Use sets forth the entire understanding and agreement of the parties as to these Terms and Conditions of Use's subject matter and supersedes all prior proposals, discussions or Agreements with respect to such subject matter.