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Membership Agreement

Membership Agreement

THIS MEMBERSHIP AGREEMENT ("AGREEMENT") IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU, AS THE MEMBER, AND MASSPOOLMP3.COM. PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO USING THE MASSPOOLMP3.COM SUBSCRIPTION SERVICE. BY REGISTERING FOR THE SERVICE, YOU ARE CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. IF YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT CONTINUE THE REGISTRATION PROCESS.

1. ENROLLMENT IN THE SERVICE

MASSPOOLMP3.COM provides an internet music subscription service for sampling and downloading music in the MP3 format. The service consists of a subscription plan whereby, for a monthly fee and subject to certain limitations as described herein, you are granted unlimited download rights to our catalog of MP3 music files. In order to use the service, you must obtain access to the internet and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the internet and to be able to download and listen to the music files. You must be at least 18 years of age to enroll. To begin the enrollment process, you must complete the service registration process.

2. MODIFICATION

We may modify any of the terms and conditions contained in this Agreement at any time in our sole discretion. You will be notified by email where reasonably possible and a change notice will be posted on www.masspoolmp3.com  If any modification is unacceptable to you, you agree that your only recourse is to terminate this Agreement. Your continued use of the service following our posting of a change notice or new agreement on the MASSPOOLMP3.COM website will constitute your binding acceptance of the change.

3. YOUR REGISTRATION OBLIGATIONS 

You agree to provide true, accurate, current and complete information about yourself as prompted by the service registration process (such information being the "Registration Data"). Once you subscribe to the service, you shall receive a password and an account will be created. You are solely and entirely responsible for maintaining the confidentiality of your username and password. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the service cannot be guaranteed.

4. THE MASSPOOLMP3.COM PRIVACY POLICY

The Privacy Policy can be viewed at www.masspoolmp3.com/Privacy.aspx.

5. TECHNOLOGICAL AND USE LIMITATIONS 

5.1 MASSPOOLMP3.COM  will make reasonable efforts to keep the website operational. However, certain technical difficulties or routine site maintenance or upgrades may, from time to time, result in temporary service interruptions. MASSPOOLMP3.COM also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of the service with or without notice. You agree that MASSPOOLMP3.COM shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the service.

5.2 The service has been developed to allow individual end users the opportunity to sample and experience a broad catalog of music at a very reasonable price. By enrolling in the service, you acknowledge and agree that you have no right to provide any files obtained through the service to any other party or through any other means. You may only make copies of any file obtained through the service for your own personal use. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. MASSPOOLMP3.COM reserves the right to immediately and permanently terminate your access to the service if MASSPOOLMP3.COM believes that you are violating such limitations.

5.3 Because the service is designed for personal sampling and use, you are not allowed to use any automated system for the selection or downloading of files. MASSPOOLMP3.COM reserves the right to immediately and permanently terminate your access to the service if MASSPOOLMP3.COM believes that you are violating such limitations.

6. TERM, FEES AND PAYMENTS 

6.1 By registering for the service, you agree to pay the applicable monthly rate when charged.

6.2 Your subscription will continue automatically at the monthly rate unless terminated by MASSPOOLMP3.COM or until you notify MASSPOOLMP3.COM of your decision to terminate the service.

6.3 At the end of each month during the term of this Agreement, you will be prompted to renew the subscription and pay the monthly fees for continued use of the service. You agree to pay all fees and charges incurred in connection with your unique username and password for the service (including any applicable taxes) at the rates in effect when the charges are incurred. All fees and charges are nonrefundable. Failure to renew your subscription at the end of the monthly term will result in your account being deactivated until payment is received.

6.4 You agree to pay MASSPOOLMP3.COM all reasonable attorney's fees and costs incurred by MASSPOOLMP3.COM to collect any outstanding payment amounts. Your account may be deactivated without further notice if payment is past due, regardless of the dollar amount. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your service account.

6.5 You are responsible for paying any governmental taxes imposed on your use of the service, including, but not limited to, sales, use or value-added taxes. You are solely responsible for arranging payment for any and all additional or premium charges for your use of any third party services via the service.

6.6 MASSPOOLMP3.COM RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY MASSPOOLMP3.COM. MASSPOOLMP3.COM MAY PROVIDE NOTICE OF BILLING CHANGES VIA EMAIL OR BY ON-LINE POSTING AT www.masspoolmp3.com. If any such change is unacceptable to you, you may terminate your subscription to the service, as provided in Section 7 below. YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO SUCH FEES AND BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE.

7. TERMINATION 

7.1 You agree that MASSPOOLMP3.COM, in its sole discretion, may terminate your username, password, account (or any part thereof) or use of the service for any reason, including, without limitation, if MASSPOOLMP3.COM believes that you have violated or acted inconsistently with the letter or spirit of the Agreement. MASSPOOLMP3.COM may also in its sole discretion and at any time discontinue providing the service, or any part thereof, with or without notice. You agree that any termination of your access to the service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that may immediately deactivate or delete your account and/or bar any further access to the service. Further, you agree that the MASSPOOLMP3.COM shall not be liable to you or any third-party for any termination of your access to the service.

7.2 You may terminate this Agreement and your subscription to the service at any time. HOWEVER, IF YOU TERMINATE YOUR SUBSCRIPTION IN THE MIDDLE OF A TERM, YOUR ACCOUNT WILL REMAIN ACTIVE UNTIL THE END OF THE TERM AND BE DEACTIVATED AT THE END OF THE TERM. THERE ARE NO REFUNDS FOR PARTIAL TERMS.

8. INTELLECTUAL PROPERTY RIGHTS 

8.1 Only you may access the service using your username and password, unless otherwise agreed to in writing by MASSPOOLMP3.COM. The content available through the service is the property of MASSPOOLMP3.COM or its licensors and is protected by copyright and other intellectual property laws. Content received through the service may be used and played for your use only. You agree not to reproduce, retransmit, distribute, disseminate, sell, make available to third parties or circulate the content received through the service to anyone or to exploit any such content for commercial or noncommercial purposes not intended by this Agreement without the express prior written consent of MASSPOOLMP3.COM. You agree to indemnify and hold harmless MASSPOOLMP3.COM for your failure to comply with this Section 8.1.

8.2 You acknowledge that MASSPOOLMP3.COM retains exclusive ownership of the service and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the service or its contents, and MASSPOOLMP3.COM reserves all rights not expressly granted hereunder. You shall promptly notify MASSPOOLMP3.COM in writing upon your discovery of any unauthorized use or infringement of the service (or its contents) or MASSPOOLMP3.COM 's patent, copyright, trade secret, trademarks or other intellectual property rights. The service contains proprietary and confidential information that is protected by copyright laws and international treaty provisions.

9. DISCLAIMER OF WARRANTIES 

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. MASSPOOLMP3.COM DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE, MASSPOOLMP3.COM WEBSITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE MASSPOOLMP3.COM WEBSITE OR ANY PORTION THEREOF, EXPRESS, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS AND THE SUITABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENETS AND ACCURACY OF THE INFORMATION, PRODUCTS AND RELATED GRAPHICS CONTAINED WITHIN THE MASSPOOLMP3.COM WEBSITE, SERVICE OR PRODUCTS.

10. LIMITATION OF LIABILITY 

YOU HEREBY AGREE THAT MASSPOOLMP3.COM WILL NOT BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE, PROFITS OR DATA ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, EVEN IF MASSPOOLMP3.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, MASSPOOLMP3.COM’S AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE SERVICE WILL NOT EXCEED THE TOTAL FEES PAID BY YOU UNDER THIS AGREEMENT.

11. MISCELLANEOUS 

This Agreement is governed by the laws of the Commonwealth of Massachusetts, U.S.A., without regard to its conflicts of law provisions; and you hereby consent to the jurisdiction of and venue in the federal and state courts located in Sufolk County, Massachusetts, U.S.A. in all disputes arising out of or relating to the service. In addition, you hereby consent to the exclusive jurisdiction of and venue in such courts for any action commenced by you against us (or our affiliates). Use of the service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section 11. You shall not use the service in any manner contrary to local, state or federal law. MASSPOOLMP3.COM expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) by you and reserves the right to terminate your service immediately upon notice for your failure to comply with any such local, state or federal law. MASSPOOLMP3.COM’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the service or information provided to or gathered by us with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. This Agreement constitutes the entire agreement between you and MASSPOOLMP3.COM with respect to the service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and MASSPOOLMP3.COM with respect to the service. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

12. PRIVACY POLICY 

MASSPOOLMP3.COM is a web site owned and operated by MASSPOOLMP3.COM. Please read these statements, terms and conditions carefully before using this website. By accessing or using this website, you acknowledge and agree to the disclaimers, terms and conditions set forth below. If you do not agree, please do not use this website. Please refer to the Privacy Policy at www.masspoolmp3.com/Privacy.aspx.

13. USE OF INFORMATION

MASSPOOLMP3.COM uses the information voluntarily given by our members to enhance their experience on the website to better prepare future content based on the interests of the members. MASSPOOLMP3.COM may also use the aggregated information to attract additional content providers and advertisers. MASSPOOLMP3.COM uses tracking information to determine which areas of the website members like and don't like based on traffic to those areas. MASSPOOLMP3.COM does not track what individual members read, but rather how well each page performs overall. This helps MASSPOOLMP3.COM continue to build a better service for you.

14. SHARING OF INFORMATION

MASSPOOLMP3.COM uses the described information to tailor the content to suit your needs and help MASSPOOLMP3.COM’s music labels better understand the member’s demographics. MASSPOOLMP3.COM will not release any personally identifiable information relating to any customer.

15. CHILDREN PRIVACY

Registrants of MASSPOOLMP3.COM’s service must be over the age of 18. MASSPOOLMP3.COM website, products, and services are not developed for or directed at children. If you believe your child has provided MASSPOOLMP3.COM with personally identifiable data, or registered at the masspool Digital web site, and you would like to have them removed, please contact MASSPOOLMP3.COM.

16. CORRECT / UPDATE POLICY

MASSPOOLMP3.COM offers members the ability to correct or change the information collected during the registration process. The instructions for doing this can be found in our Members area. Members may change this information at any time and as often as necessary. Members who are experiencing problems or who have any questions about how our services work can contact us at MASSPOOLMP3.COM.

17. LEGAL TERMS AND CONDITIONS 

17.1 COPYRIGHTS

All materials incorporated in or accessible through this website, including without limitation, text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, software, and other content, and the compilation, collection, arrangement, and assembly thereof (including the look and feel of this site), are protected by United States and international copyright laws, and are owned or controlled by MASSPOOLMP3.COM or by the original creators of such materials or their respective assignees. Any copying, reproduction, modification, sale, distribution, transmission, republication, downloading, display, posting, performance, or other exploitation thereof by any means or medium without express authorization of MASSPOOLMP3.COM or other copyright owner is strictly prohibited. In the event of any permitted use of such materials, including without limitation, any copying, reproductions, distribution, republication, downloading, or display thereof, you will make no changes in or deletion of author attribution, trademark legend, or copyright notice. No right, title, or interest in any such materials will be granted or transferred to you as a result of any permitted use of such materials.

17.2 TRADEMARKS

MASSPOOLMP3.COM and the MASSPOOLMP3.COM logo and all other graphics, logos, trade names and service names incorporated in this site are trademarks or registered trademarks of their respective owners, and are protected by United States and international trademark laws. None of such trademarks may be used in connection with any product or service other than in association with MASSPOOLMP3.COM or the respective owners of the tradenames or trademarks in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MASSPOOLMP3.COM.

17.3 DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. MASSPOOLMP3.COM DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE, THE MASSPOOLMP3.COM SITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE MASSPOOLMP3.COM WEBSITE OR ANY PORTION THEREOF, EXPRESS, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS AND THE SUITABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENETS AND ACCURACY OF THE INFORMATION, PRODUCTS AND RELATED GRAPHICS CONTAINED WITHIN THE MASSPOOLMP3.COM WEBSITE, SERVICE OR PRODUCTS.

YOU HEREBY AGREE THAT MASSPOOLMP3.COM WILL NOT BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE, PROFITS OR DATA ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE SERVICE WILL NOT EXCEED THE TOTAL FEES PAID BY YOU UNDER THIS AGREEMENT. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR, OR CORRECTION RESULTING FROM YOUR ACCESS TO OR USE OF THIS WEBSITE OR ANY THIRD-PARTY WEBSITE ACCESSED THROUGH THIS WEBSITE.

18. GOVERNING LAW AND JURISDICTION AND OTHER MISCELLANEOUS MATTERS

The disclaimers, terms and conditions and use of the MASSPOOLMP3.COM website is governed by, and construed and enforced in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any principles of conflicts of law. You hereby unconditionally consent to the jurisdiction of and venue in the federal and state courts located in Sufolk County, Massachusetts, U.S.A. in all disputes arising out of or relating to any action, suit, or proceeding based upon, resulting from, arising out of, or relating to your access to or use of this site, or for the recognition or enforcement of any judgment resulting from any such action, suit or proceeding.

A copyright infringement allegation to MASSPOOLMP3.COM must include: 1. A physical 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 at a single site are covered by a signed notification, a representative list of such works at that site. 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 the service provider to locate the material. 4. Information reasonably sufficient to permit the service provider 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; 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. 

19. CONTINUING VALIDITY

If any term or other provision hereof is determined by any court of competent jurisdiction to be invalid, illegal, or unenforceable in whole or in party by reason of any applicable law or public policy, and such determination becomes final and non-appealable, such term or other provision will remain in full force and effect to the fullest extent permitted by law, and all other terms and provisions hereof will remain in full force and effect in their entirety.

20. DISCLAIMER OF DAMAGES

You assume responsibility for, among other things, (i) the use of masspoolmp3.com website or Licensed Software to achieve your intended results, (ii) the acquisition of other software (including any programming or operating system software) and/or equipment compatible with the masspoolmp3.com website or Licensed Software, and (iii) the installation, use and results obtained from the masspoolmp3.com website or Licensed Software. Further, for the express purpose of limiting the liability against masspoolmp3.com, you agree that, to the maximum extent permitted by law, MASSPOOLMP3.COM SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, EQUIPMENT FAILURE, SOFTWARE FAILURE, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE MASSPOOLMP3.COM WEBSITE OR LICENSED SOFTWARE, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR OTHERWISE, REGARDLESS OF THE FORM OF ACTION, EVEN IF MASSPOOLMP3.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

21. RIGHT TO AMEND

MASSPOOLMP3.COM RESERVES THE RIGHT TO MAKE CHANGES TO THIS WEBSITE AND THESE DISCLAIMERS, TERMS AND CONDITIONS AT ANY TIME WITHOUT PRIOR NOTICE. THE PRIVACY STATEMENT CONTAINED HEREIN IS NOT INTENDED AS A CONTRACT OR AS CREATING ANY LEGAL RIGHTS, AND MAY BE AMENDED FROM TIME TO TIME.
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