All Things Bouncy.com

TERMS AND CONDITIONS

Effective October 30th, 2006

Please take time to read & understand

All Things Bouncy.com  MUSIC STORE TERMS AND CONDITIONS

This document (the "Agreement") is a legal contract between you and All Things Bouncy.com, Ltd ("All Things Bouncy.com") that governs your use of All Things Bouncy.com's online music services  available at www.AllThingsBouncy.com. The terms below will apply to you if you buy any musical online service.


AGE REQUIREMENT

You must be at least 18 years of age to agree to and enter into this Agreement on your own behalf and to register for use of the Service. If you are under 18 but at least 13 years of age, you must present this Agreement to your parent or legal guardian, and he or she must check the box below to enter into this Agreement on your behalf. Children under the age of 13 may not register for this Service, and parents or legal guardians may not register on their behalf. By checking the box indicating your acceptance to this Agreement, you represent that (i) you have read, understood and agree to be bound by this Agreement and (ii) you are at least 18 years old, either entering into this Agreement for yourself or entering on behalf of your child or a child in your legal care. If you are a parent or guardian entering this Agreement for the benefit of your child, please be aware that you are fully responsible for his or her use of the Service, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not check the acceptance box and do not attempt to access the Service.

DESCRIPTION OF SERVICE

The Service allows you to listen to Samples (as defined below) and obtain downloads of sound recordings ("Tracks") and related digital content ("Materials").  You may also need to install certain third-party software. You are responsible for any hardware, systems and/or software program(s) you use and any associated fees and expenses (a) to connect to or use the Internet, and/or (b) other than the Client, to use any Materials. The Service, the Tracks and/or the Materials (including any All Things Bouncy.com promotional offers or codes redeemable for the Service, the Tracks and/or the Materials) are only for your personal, non-commercial use and are non-transferable (except as otherwise expressly authorized by All Things Bouncy.com).

REGISTRATION

To use the Service, you must register and provide certain information, including a member (user) name, a password and a valid email address ("Registration Data"). You agree to provide accurate Registration Data and to update your Registration Data as necessary to keep it accurate. All Things Bouncy.com will use your Registration Data in accordance with its privacy policy, which you can review at http://www.allthingsbouncy.com/shop/index.php?act=viewDoc&docId=4.

You agree that you will not allow others to use your member name, password and/or account and you are solely responsible for maintaining the confidentiality and security of your account. You agree to notify All Things Bouncy.com immediately of any unauthorized use of your password and/or account. All Things Bouncy.com shall not be responsible for any losses arising out of the unauthorized use of your member name, password and/or account and you agree to indemnify and hold harmless All Things Bouncy.com, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same.

USE OF SERVICE, SOFTWARE, TRACKS AND MATERIALS

Tracks and Materials. The Tracks and Materials are owned by All Things Bouncy.com, its business partners, affiliates and/or licensors, as applicable, and are protected by intellectual property laws. You agree that the content rights holders that license their musical or other content to All Things Bouncy.com for use in the Service are intended third-party beneficiaries under this Agreement with the right to enforce the provisions that directly concern their content. You understand that your use of the Tracks and Materials is subject to the Usage Rules discussed below. You may not authorize, encourage or allow any Tracks or Materials used or obtained by you to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by anyone else. You agree to advise All Things Bouncy.com promptly of any such unauthorized use(s).

Usage Rules. Your access to and/or use of any Track(s) will be limited by the rules assigned to the Track(s) by All Things Bouncy.com ("Usage Rules") and described in this section. You may not attempt (or support others' attempts) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with any Usage Rules or Tracks. All Things Bouncy.com reserves the rights to modify the Usage Rules at any time.

A "Sample" is a portion of a Track or, in some cases, an entire Track or promotional music video that you can play (and, if applicable, view) directly from and while you are browsing / logged on to the Service on a promotional basis at no cost to you. You may play as many Samples as you like. You may not attempt (or support others' attempts) to capture, copy, or download a Sample.

A "Purchased Track" is a Track that you may (1) save to the hard drives of up to three (3) of your personal computers and play back at any time, (2) burn to a CD and/or (3) transfer to a compatible portable device. Any security technology that is provided with a Purchased Track is an inseparable part of it. If you have Purchased Tracks,

It is your responsibility not to lose, destroy or damage them. All Things Bouncy.com shall have no liability to you in the event of any such loss, destruction, or damage.

You may purchase Tracks on an individual basis.

If you have received a valid promotional code or gift certificate for All Things Bouncy.com, you should follow the instructions that you received with such promotion to redeem that code or gift. All Things Bouncy.com promotional offers and gift are certificates subject to any expiration dates that may be messaged with the offer and are not redeemable for cash (and any unused portion may not be returned for cash or any other value).

You may burn each Purchased Track to a CD an unlimited number of times, but may only burn each Purchased Track up to seven (7) times as part of any particular playlist of songs. A "playlist" is a discrete group of Purchased Tracks that are arranged together in a particular order. Once you have burned a Purchased Track to a CD, you agree not to copy, distribute, or transfer the track from that CD to any other media or device.
You may transfer a Purchased Track an unlimited number of times to three (3) portable devices that are compatible with the Service's Usage Rules and security requirements. Once you have transferred a Purchased Track to a compatible portable device, you agree not to copy, distribute, or transfer it from that device to any other media or device.
The burning or transfer capabilities provided for herein shall not operate to waive or limit any rights of the copyright owners in Tracks or Materials or any works embodied in them.


All rights not expressly granted to you in this Agreement are reserved to All Things Bouncy.com and/or its licensors.

Loss of Rights by All Things Bouncy.com. All Things Bouncy.com may at any time lose the right to make certain Tracks and/or Materials available. In such event, you will no longer be able to purchase them. You may keep any music works you have obtained by us.

Delivery of Products. On occasion, technical problems may delay or prevent delivery of Purchased Tracks and Materials to you. Your sole remedy with respect to Purchased Tracks and any Materials that are not delivered will be either replacement of such products or refund of the price paid for such content, at All Things Bouncy.com's discretion.

Customer Support. Please direct any questions concerning the Client, the Service, billing and/or Usage Rules to a All Things Bouncy.com customer service representative by clicking here.

InBox/Sending Messages. When you register for the Service and download the Client, you will receive a Service "Inbox" that can be used to receive or send email messages (collectively, the "All Things Bouncy.com Messaging System" or "NMS"). You may send NMS messages to other Service members or to regular email addresses. When you send an NMS message, the recipient will be able to reply to the email address that you have provided to All Things Bouncy.com upon registration. Therefore, you should not use the NMS functionality to send messages to any person(s) to whom you do not wish to share your personal email address. If you do not wish to receive any NMS messages from a particular Service member, you may utilize the "Blocked Senders List" functionality within the Client.

Monitoring Public Areas. The Service may have features that allow you to exchange messages with other members (via "Public Areas"). The text of any NMS message is also considered to be a "Public Area." All Things Bouncy.com may, but is not obliged to, restrict your use of NMS, monitor any activity or edit or remove content in Public Areas, or restrict access by other members to your NMS messages. All Things Bouncy.com takes no responsibility and assumes no liability for any content, materials, messages and the like that you or any other member posts to or views in a Public Area or makes available via a "Public Profile," or sends to or receives from another member over NMS or an instant messenger system. You agree to indemnify and hold harmless All Things Bouncy.com, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, from and against all claims resulting from content, messages, materials and the like that you post to any Public Area, including by sending via NMS.

Restrictions. You may not use the Service, including NMS, to transmit, display, perform or otherwise make available any messages, content or materials (i) that are illegal, obscene, threatening, of a "spamming" nature, defamatory, or invasive of privacy; (ii) that constitute political campaigning or commercial solicitation or that contain software viruses or other computer code designed to interfere with the functionality of any computer systems; or (iii) that infringe third-party rights or harm minors in any way. You may not interfere with or disrupt the Service or any networks connected to or by the Service. In addition, you may not use a false email address or otherwise mislead other members as to your identity or to the origin of a message or content. By posting messages, inputting data, or engaging in any other form of communication through the Service, you agree that All Things Bouncy.com may copy, sublicense, adapt, transmit, publicly perform or display any such content to provide and/or promote the Service and/or to respond to any legal requirement, claim or threat. If All Things Bouncy.com's use of such content exploits any proprietary rights you may have in such material, you agree that All Things Bouncy.com has an unrestricted, royalty-free, non-exclusive and perpetual worldwide right do so. You agree that any loss or damage of any kind that occurs as a result of the use of any messages, content or material that you upload, post, transmit, display or otherwise make available through your use of the Service is solely your responsibility.

CHARGES / BILLING

Agreement to Pay. You agree to pay for all Tracks and Materials that you purchase through the Service and All Things Bouncy.com may charge your billing payment method for any such payment(s). All Things Bouncy.com may, in its discretion, post charges to your billing payment method individually or may aggregate your charges with other purchases you make on the Service. You are responsible for keeping your account secure and confidential and you will be responsible for any charges that are incurred by any person through your account. All charges will be billed to the billing payment method you designate when you first make a purchase or incur a charge. If any of your billing information changes, you must update that information in the "Member Information" section of the "My Account" area.

Right to Change Prices. All prices for products within the Service are subject to change by All Things Bouncy.com at any time.

Taxes. Prices quoted are generally inclusive of any applicable taxes, including sales taxes. All Things Bouncy.com reserves the right to change this policy at any time.

Electronic Contracts. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of and to pay for such purchases. To the extent that such electronic purchases are offered to you by a third party, you acknowledge that All Things Bouncy.com shall not be responsible or liable to you for the products or services purchased.

EXPLICIT CONTENT

Certain albums may be subject to the Recording Industry Association of America ("RIAA") "Parental Advisory Label" (as defined at http://www.riaa.com/issues/parents/advisory.asp). The RIAA assigns the Parental Advisory Label to an entire album and not the individual songs on the album. All Tracks from such labeled albums will be labeled as "explicit" within the Service ("Explicit Tracks"). If any of your searches on the Service return Explicit Tracks, they will be identified as such in the search results area. During registration, you may elect to filter out Explicit Tracks from your search and browse results within the Service. You may change that election at any time. You may also elect to create a "Parental Control Password" (which can be different from your registration password) by clicking on the applicable link and following the directions presented. If you create a Parental Control Password, you will be asked for that password any time you try to change your election to filter out Explicit Tracks. Note that Tracks that were recorded prior to 1985 are not subject to the RIAA Parental Advisory Label. All Things Bouncy.com shall have no liability or responsibility to you for any content or materials, including Explicit Tracks, that may be available in connection with the Service that you might find objectionable.

INTERNATIONAL CONSIDERATIONS

Currently, the Service is only available to residents of the United Kingdom. You understand and acknowledge that you may not sign up for, access, or attempt to access or use the Service from countries outside of the U.K. You agree to abide by U.K. and other applicable export control laws and further, not to upload to the Service any data or software that cannot be exported.

PRIVACY

For additional information regarding All Things Bouncy.com's use of information collected in connection with the Service, please refer to All Things Bouncy.com's Privacy Policy, a copy of which is available at http://www.allthingsbouncy.com and which is expressly made part of this Agreement.

COPYRIGHT INFORMATION

General. As noted above, the Service, the Tracks, the Client and the Materials contain and/or comprise copyrightedor other proprietary subject matter, and your use of them is governed by this Agreement, certain end-user license agreements, and applicable law.


Notices. All Things Bouncy.com respects the intellectual property rights of others, and it expects you to do the same. If you know of or suspect that any use of the Service, Tracks, Materials and/or the Client constitutes copyright infringement, please send a notice to All Things Bouncy.com VP Customer Care by email by clicking here, or by fax to 310-281-5120. The notice must contain all of the information set forth in Section 512(c)(3)(A) of the U.S. Copyright Act, 17 U.S.C. � 101 et seq.

PATENT AND TRADEMARK

All trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are the property of All Things Bouncy.com and/or its affiliates, licensors and/or licensees. You may not copy, display or use any of these marks without prior written permission of the mark owner. The Service and the Client (and portions of them) may be protected under patent law and may be the subject of issued patents and/or pending patent applications.

VIOLATION OF INTELLECTUAL PROPERTY RIGHTS

If All Things Bouncy.com receives a notice alleging that you have engaged in behavior that infringes All Things Bouncy.com's or other's intellectual property rights or reasonably suspects the same, All Things Bouncy.com may suspend or terminate your account without notice to you. If All Things Bouncy.com suspends or terminates your account under this paragraph, it shall have no liability or responsibility to you, including for any amounts that you have previously paid.

PROMOTIONS AND ADVERTISING

All Things Bouncy.com and/or its business partners may present advertisements or promotional materials on or through the Service. Your participation in any promotional event is subject to the terms and conditions associated with that event. Your dealings with, or participation in promotions of, any third-party advertisers on or through the Service are solely between you and such third-party. You agree that All Things Bouncy.com shall 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 third parties on the Service.

LINKS TO THIRD-PARTY SITES

The Service may present links to third-party websites not owned or operated by All Things Bouncy.com. All Things Bouncy.com is not responsible for the availability of these sites or their contents. You agree that All Things Bouncy.com is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content of any such site or goods or services available through any such site.

MODIFICATIONS TO SERVICE

All Things Bouncy.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you, without any liability to you or to any third party.

REMEDIES

You agree that any unauthorized use of the Service, the Tracks, the Materials, the Client or any related software or materials would result in irreparable injury to All Things Bouncy.com and/or its affiliates or licensors for which money damages would be inadequate, and in such event All Things Bouncy.com, its affiliates and/or licensors, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this Agreement shall be construed to limit remedies available pursuant to statutory or other claims that All Things Bouncy.com, its affiliates and/or licensors may have under separate legal authority.

INDEMNITY

You agree to indemnify and hold harmless All Things Bouncy.com and its agents, employees, representatives, licensors, affiliates, parents and subsidiaries from and against any and all claims, losses, demands, causes of action and judgments (including attorneys' fees and court costs) arising from or concerning your breach of this Agreement and your use of the Service, the Tracks, the Client or the Materials and


DISCLAIMERS

You understand and agree that your use of the Service, Tracks, Client, and the Materials is at your own sole risk. THE SERVICE, TRACKS, MATERIALS AND THE CLIENT (THE "PRODUCTS") ARE PROVIDED "AS IS" AND WITHOUT WARRANTY BY All Things Bouncy.com OR ITS AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, BUSINESS PARTNERS AND/OR SUPPLIERS (THE "All Things Bouncy.com ENTITIES"), AS APPLICABLE, AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE All Things Bouncy.com ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NONINFRINGEMENT. THE All Things Bouncy.com ENTITIES DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY OR OTHERWISE. YOU WILL NOT HOLD ANY All Things Bouncy.com ENTITY RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU ACCESSING (INCLUDING ANY SOFTWARE OR SYSTEMS YOU USE TO ACCESS) THE SERVICE OR USING THE PRODUCTS INCLUDING, BUT NOT LIMITED TO, DAMAGE TO ANY COMPUTER, SOFTWARE OR SYSTEMS OR PORTABLE DEVICES YOU USE TO ACCESS THE SAME . NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO ANY OF THE All Things Bouncy.com ENTITIES.

All Things Bouncy.com MAKES NO WARRANTY THAT ANY PARTICULAR CD BURNER OR PORTABLE DEVICE WILL BE COMPATIBLE WITH THE CLIENT OR THAT ANY CD BURNED USING THE CLIENT WILL FUNCTION IN ALL CD PLAYERS. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR SYSTEM(S) WILL FUNCTION CORRECTLY WITH THE CLIENT.

UNDER NO CIRCUMSTANCES SHALL ANY All Things Bouncy.com ENTITY BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SERVICE, TRACKS, MATERIALS AND/OR THE CLIENT.

UNDER NO CIRCUMSTANCES SHALL ANY All Things Bouncy.com ENTITY BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCTS, EVEN IF THE All Things Bouncy.com ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, THE All Things Bouncy.com ENTITIES SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE, AND IN NO EVENT SHALL SUCH DAMAGES OR LIABILITY EXCEED US$10.

DESCRIPTION OF SERVICE

Usage Rules -- Additions.

A "Download" is a Track that you may save to the hard drive of your personal computer and play back as many times as you want.