Sara Syms (The Ashen)
 
 
LEGAL
   

Terms of Service Privacy Policy

NumberOneMusic.com - Artist Terms of Service

Terms of Use
Welcome to NumberOneMusic.com (“NumberOneMusic”), owned, produced and operated by Number One, ent. (“Number One ent.”) and, potentially, in part or in whole, by its parents, subsidiary and affiliate corporations, successors, and assigns (collectively referred to as “Number One ent. Companies”). NumberOneMusic.com is a music-oriented content and information website that provides a service to musical artists and to record companies on behalf of musical artists (each an “Artist” and collectively “Artists”) to post information regarding themselves as well as musical content owned and/or created by them. Unless explicitly stated otherwise, any current, updated and new products and services (“Products and Services”), including the addition of new properties shall be subject to these General Terms and Conditions of Use (“Terms and Conditions”).

In addition, there are a variety of special products and services offered through NumberOneMusic that have separate registration procedures and separate terms and conditions, terms of service, user agreements, or similar legal agreement. When you are using any service or product of on NumberOneMusic that does not have a separate legal agreement, the Terms and Conditions set forth here will apply. NumberOneMusic ent. and/or the Number One ent. Companies also may supplement the Terms and Conditions with posted guidelines or rules applicable to specific areas of NumberOneMusic. In addition, Number One ent. and/or the Number One ent. Companies also may offer other services from time to time that are governed by the terms of service of the respective service partners. Number One ent. reserves the right to amend these Terms and Conditions at any time.

By using NumberOneMusic you agree to be bound by these Terms and Conditions, whether or not you register as a listener (“Listener”). Because the Terms and Conditions contain legal obligations, please read them carefully.

The Terms and Conditions contain a variety of provisions that are generally applicable to the Products and Services and some provisions that apply to particular Products and Services. You should understand that you will be bound by the entire Terms and Conditions.

1. ACCEPTANCE
By using the Products and Services, you are agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to NumberOneMusic or any Product or Service. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions.

2. CONDITIONS AND RESTRICTIONS ON USE
Use of the Products and Services is subject to compliance with these Terms and Conditions. You shall be authorized to use the Products and Services for personal, non-commercial use only. You acknowledge and agree that Number One ent. may terminate your access to the NumberOneMusic or to any of the Products and Services should you fail to comply with the Terms and Conditions or any other guidelines and rules published by Number One ent.. Any such termination shall be in Number OneMusic ent.’s sole discretion and may occur without prior notice, or any notice. Number One ent. further reserves the right to terminate any user’s access to NumberOneMusic or to any of the Products and Services for any conduct that Number One ent., in its sole discretion, believes is or may be directly or indirectly harmful to other users, to Number One ent. or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. Number One ent. further reserves the right to terminate any user’s access to NumberOneMusic or to any of the Products and Services for any reason or for no reason at all, in Number One ent.’s sole discretion, without prior notice, or any notice.

In order to use the Products and Services, users must have access to the World Wide Web and must navigate the Internet to http://www.NumberOneMusic.com. Where there is mature or adult content on NumberOneMusic, individuals who are less than 18 years of age or are not permitted to access such content under the laws of any applicable jurisdiction may not access such content. There are also other (mainly commerce-related) areas of NumberOneMusic not open to persons under 18 years of age. With respect to general audience content, if Number One ent. learns that anyone under the age of 13 has accessed the Products and Services, Number One ent. will require verified parental consent, in accordance with the Children’s Online Privacy Protection Act of 1998 (“COPPA”). Certain areas of NumberOneMusic, however, may not be available to children under 13 under any circumstances.

Number One ent. does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.

3. REGISTRATION AND PRIVACY
Certain of the Products and Services will require the user to register and provide certain data. In consideration of use of such Products and Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various Number One ent. registration forms (“Registration Data”) and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or NumberOneMusic  has a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, NumberOneMusic has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services.

All NumberOneMusic registrations become the exclusive property of NumberOneMusic and the Number One ent. Companies. NumberOneMusic reserves the right to use and reuse all registration and other personally identifiable user information subject to NumberOneMusic’s Privacy Policy. Users may edit, update, alter or obscure their personally identifiable information at any time by following the instructions located in NumberOneMusic’s Privacy Policy and on NumberOneMusic.

You acknowledge receipt of NumberOneMusic’s Privacy Policy, including our Notice Regarding the Privacy of Children Under 13 While on NumberOneMusic.

4. RESPONSIBILITY FOR MINORS
In cases where you have authorized a minor to use the Products and Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor’s access to and use of the Products and Services; and (iii) the consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT SOME AREAS OF NumberOneMusic MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.

5. LISTENER AND USER CONDUCT
You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not NumberOneMusic, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services. NumberOneMusic does not control the user or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. You acknowledge and agree that by using the Products and Services, you may be exposed to Content that may be deemed offensive, indecent or objectionable. Nevertheless, you agree to use NumberOneMusic at your sole risk. Under no circumstances will NumberOneMusic be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services. As a general matter, NumberOneMusic does not pre-screen user or third party Content posted on NumberOneMusic, although NumberOneMusic reserves the right to do so. NumberOneMusic does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all. NumberOneMusic reserves the right to monitor some, all, or no areas of the Products and Services for adherence to these Terms and Conditions or any other rules or guidelines posted by NumberOneMusic.

The Products and Services may only be used for the intended purpose for which such Products and Services are being made available.

Prohibited Conduct

You agree that you will not use NumberOneMusic’s Products and Services to:

1.Upload, post, email, otherwise transmit, or post links to any Content, or select any member or user name or email address, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
2.Upload, post, email, otherwise transmit, or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
3.Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age.
4.Harm minors in any other way.
5.Make any sexual request on behalf of a minor or make any sexual request of a minor.
6.“Stalk” or otherwise harass another.
7.Collect or store personally identifying information about other users for commercial or unlawful purposes.
8.Impersonate any person or entity, including, but not limited to, a NumberOneMusic Inc official, employee, consultant, or otherwise, or falsely state or otherwise misrepresent your affiliation with a person or entity.
9.Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Products and Services.
10.Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
11.Upload, post, email, or otherwise transmit, or post links to any Content that facilitates hacking.
12.Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights (“Rights”) of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:
1.Making available copyrighted software or other Content that has had the copyright protection removed.
2.Making available serial numbers for software that can be used to illegally validate or register software.
3.Making available tools that can be used for no purpose other than for “cracking” software or other copyrighted Content.
4.Making available any software files for which the user does not own the copyright or have the legal right to make available.
13.Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose.
14.Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Products and Services or NumberOneMusic.
15.Use automated means, including additional computers, software and scripts, to enhance play in NumberOneMusic promotions, increase the number of plays of songs of any particular artist on NumberOneMusic or increase traffic to the NumberOneMusic artist site of any particular artist.
16.Use automated means, including spiders, robots, crawlers, or the like to download data from any NumberOneMusic Network database.
17.Conduct your own contests and promotions.
18.Upload, post, email, otherwise transmit, or post links to any Content regarding any raffle, contest or game requiring a fee by participants.
19.Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Content from any NumberOneMusic database, including, without limitation, by incorporating data from any NumberOneMusic database into any e-mail or “white pages” products or serviced, whether browser-based, based on proprietary client-site applications, web-based, or otherwise.
20.Sell, distribute, or make any commercial use of data obtained from any NumberOneMusic database or make any other use of data from any NumberOneMusic database in a manner which could be expected to offend the person for whom the data is relevant.
21.Create and maintain a NumberOneMusic artist site that (i) redirects to another web page or (ii) stores or hosts content for remote loading by other web pages. For example, you cannot create a NumberOneMusic artist site, post pictures to the NumberOneMusic artist site, and have other web pages call the NumberOneMusic artist site to retrieve those pictures.
22.Create and maintain a NumberOneMusic artist site that contains hyperlinks to content not permitted on NumberOneMusic.
23.Disrupt the normal flow of dialogue in a chat room, cause a screen to “scroll” faster than other users of the Products and Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges.
24.Interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services.
25.Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
26.Upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market.
27.Disobey any NumberOneMusic employee or representative or interfere with any action by any NumberOneMusic employee or representative to redress any violation of these Terms and Conditions.
28.Access the Products and Services after your account or access has been terminated by NumberOneMusic.
29.Fail to complete any transaction after submitting an order to purchase any goods or services from individual Artist sites, subject to the individual Artist site’s terms and conditions governing such transactions.
30.Submit any order to purchase goods or services from individual Artist sites where you do not intend to complete the transaction.
31.Purchase any goods or services that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction. The responsibility for ensuring compliance with all such laws shall be the user’s alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase such goods or services.
32.Use any software deployed in connection with the Products and Services to process data as a service to other entities without the express written consent of NumberOneMusic or the party from whom such software may be licensed.
33.Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Products and Services.
34.Upload, post, email, otherwise transmit, or post links to any material, or act in any manner that is offensive to NumberOneMusic community or the spirit of these Terms and Conditions.
35.Advertise, offer for sale, or sell any of the following items:
1.Any firearms, explosives, or weapons.
2.Any food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants.
3.Any alcoholic beverages.
4.Any tobacco products for human consumption, including, without limitation, cigarettes and cigars.
5.Any items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, or are harmful to minors.
6.Any controlled substances or pharmaceuticals.
7.Any counterfeit or stolen items.
8.Any dangerous items.
9.Any goods or services that do not, in fact, exist.
10.Any registered or unregistered securities.
11.Any items that violate or infringe the rights of other parties.
12.Any items that you do not have the legal right to sell.
13.Any items where paying NumberOneMusic any of the required transactional or listing fees would cause NumberOneMusic or the Number One ent. Companies to violate any law.
You acknowledge and agree that NumberOneMusic and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Products and Services at any time, for any reason, or for no reason at all, with or without notice. Without limitation NumberOneMusic and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that violates the Terms and Conditions or is otherwise objectionable as determined by NumberOneMusic, in its sole discretion. NumberOneMusic may also terminate access to, or membership in, NumberOneMusic, or any portion thereof, for violating these Terms and Conditions. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or obtained through the use of NumberOneMusic, including without limitation, information posted on message boards.

You expressly acknowledge and agree that NumberOneMusic may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of NumberOneMusic, its users and the public. You acknowledge and agree that the technical processing and transmission of the Products and Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by NumberOneMusic with regard to its users may be disclosed in accordance with NumberOneMusic’s Privacy Policy.

NumberOneMusic also may suspend or terminate any user account for any Product or Service because of user inactivity. What is considered “user inactivity” varies depending on the Product or Service. If one of your accounts is suspended or terminated for inactivity, your right to use such Product or Service immediately ceases.

6. LIMITED LICENSE TO CONTENT
NumberOneMusic claims no ownership interest in any of the Content (including, without limitation, master recordings, artwork and photographs) posted by you on NumberOneMusic, and the copyright to all such Content shall remain with its original owner.

By posting Content on NumberOneMusic, you warrant and represent that you own the Content posted by you or otherwise have the right to grant the license set forth in this section, and that such Content does not violate the rights of any third party. You agree to pay all royalties and fees owing to any person by reason of any Content you post on NumberOneMusic.

In order to make it possible for NumberOneMusic Inc to provide the Products and Services, you hereby grant NumberOneMusic a limited, non-exclusive, worldwide, royalty-free license to use, reproduce, modify (for example, re-sizing of photos and/or encoding of audio or video files), transmit, publicly display, publicly perform and distribute any Content posted by you on or through NumberOneMusic, to publish and promote such Content in connection with the particular Products and Services, to publish and promote such Content on any other Number One ent. website through links to NumberOneMusic, and to sublicense such rights solely as necessary to provide the Products and Services. The license shall terminate at such time as you remove your Content from NumberOneMusic.

7. THIRD PARTY MERCHANDISE SALES
NumberOneMusic may contain links to third party websites where Users can purchase goods or services from third party merchants (“Merchants”). By submitting an order to purchase any goods or services from Merchants, Users are obligated to complete such transactions, subject to the individual Merchant’s terms and conditions governing such transactions. Users are prohibited from submitting orders to purchase goods or services where they do not intend to complete such transactions.

By submitting an order to purchase goods or services from an individual Merchant, you acknowledge that you are entering into a transaction with that Merchant, and that NumberOneMusic, Number One ent. and the NumberOneMusic Companies are not parties to the transaction.

Users are obligated to submit information that is true, accurate, current, and complete. By accepting these Terms and Conditions, you represent and warrant that all such information submitted by you is true, accurate, current, and complete. Users are also required to maintain and update all such information in order to ensure that it remains true, accurate, current, and complete. Each time you update such information, you represent and warrant that such information is true, accurate, current, and complete.

Users may not purchase goods or services that they are prohibited from purchasing or possessing by any law applicable to them in their jurisdictions. The responsibility for ensuring compliance with all applicable laws shall be the User’s alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase and possess such goods or services.

NumberOneMusic has no partnership, joint venture, employer-employee, or franchisor-franchisee relationship with any Merchant accessible through NumberOneMusic. NumberOneMusic cannot confirm that any particular Merchant is who that Merchant claims to be. Nor can NumberOneMusic confirm the truth or accuracy of any statements made by Merchants or control whether Merchants who post statements on NumberOneMusic will act in accordance with those statements. NumberOneMusic will not get involved in any dispute between Users of the Service and Merchants who post links on NumberOneMusic. The ability to include links is provided only as a convenience, and the inclusion of any link by an Artist or User does not imply affiliation, endorsement, or adoption by NumberOneMusic of the linked site or any information contained therein.

8. N1M PLAYER
The N1M Player Audio Player and any software contained therein (collectively, the “N1M Player Software”) are made available to you free of charge subject to the terms and conditions of this license. You may load the N1M Player Software into the temporary storage of your computer each time you use it for the sole purpose of engaging in that use, provided that you do so in accordance with these Terms and Conditions, and such use does not violate NumberOneMusic’s intellectual property rights. You agree not to attempt to, or assist another person to attempt to, circumvent, tamper with, modify, disassemble, decompile, reverse engineer, derive the source code of, or create derivative works from, the N1M Player Software, and you may not copy, distribute, publicly display, or publicly perform the N1M Player Software except as expressly authorized by these Terms and Conditions. You agree not to modify the N1M Player Software in any manner or form, or to use modified versions of the N1M Player Software, for any purposes. You may not use the N1M Player Software to engage in or allow others to engage in any illegal activity. You may not claim any sponsorship by, endorsement by, or affiliation with NumberOneMusic.

By uploading any skins or plug-ins to the N1M Player Audio Player, you grant to NumberOneMusic and to users of the NumberOneMusic web site the perpetual, world-wide, royalty free license to copy, distribute, publicly display, publicly perform, and create derivative works from such skins or plug-ins. You represent and warrant that all such skins or plug-ins are original works, created by you, which do not infringe any third party intellectual property, proprietary, or other rights.

AS WITH OTHER PRODUCTS AND SERVICES, THE N1M PLAYER SOFTWARE IS SUBJECT TO THE CAPITALIZED LANGUAGE BELOW REGARDING DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY.

NumberOneMusic makes available through NumberOneMusic certain music files solely for your personal use. All such music files are subject to copyright and/or other intellectual property protections afforded to the owners of such works. PLEASE BE ADVISED THAT THE UNAUTHORIZED REPRODUCTION, DISTRIBUTION, PUBLIC DISPLAY, PUBLIC PERFORMANCE, OR CREATION OF DERIVATIVE WORKS FROM SUCH WORKS IS STRICTLY PROHIBITED

Please read the entire Terms and Conditions as all NumberOneMusic properties, Products and Services are subject to these Terms and Conditions.

9. PROFILES
Listeners are invited to post content to their profile (“Profile”) subject to the following limitations: (a) NumberOneMusic may limit the amount of bandwidth dedicated to any account; and (b) NumberOneMusic reserves the right to display advertising on Profile pages. Please consult the NumberOneMusic Privacy Policy for special terms as they relate to Profiles. Profiles are governed by the entire Terms and Conditions, including, without limitation, Section 5 (Listener and User Conduct), and you are encouraged to review these terms carefully. Under no circumstances may Profiles be used to infringe the copyright or any other right of any person or entity. NumberOneMusic reserves the right to modify or discontinue the Profiles service at any time, and you are encouraged to maintain back-up copies of the content you post on your Profile. The Profile service may only be used by people who are at least 13 years old.

By registering on NumberOneMusic, you represent and warrant that all registration information you submit is truthful and accurate and that you will maintain the accuracy of such information. You further represent and warrant that you are 13 years of age or older and that your use of the NumberOneMusic will not violate any applicable law. Your membership is for your sole, personal use, and you will not authorize others to use your account, including your Profile. You are solely responsible for all Content published or displayed through your account, and for your interactions with other Users.

Please choose carefully the information you post on your Profile and that you provide to other members. Your Profile may not include the following items: telephone numbers, street addresses, last names, URLs or email addresses, and any photographs posted by you may not contain nudity or any personal information. Please read Section 5 above, Listener and User Conduct, for additional terms and conditions regarding your use of NumberOneMusic.

The information provided by other users in their Profiles may contain inaccurate, inappropriate or offensive material, products or services for which NumberOneMusic assumes no responsibility or liability.

NumberOneMusic reserves the right, in its sole discretion, to reject, refuse to post or remove any Content posted by you, or to restrict, suspend, or terminate your access to all or any part of the NumberOneMusic Network, including NumberOneMusic, at any time, for any or no reason, with or without prior notice, and without liability.

10. DISCLAIMER OF WARRANTIES
THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, NumberOneMusic  DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, NumberOneMusic DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. NumberOneMusic  SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NumberOneMusic  DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. NumberOneMusic  DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. NumberOneMusic DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. NumberOneMusic MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY NumberOneMusic.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

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