1CN Records - Terms And Conditions

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TERMS AND CONDITIONS
These Terms and Conditions apply to the 1Christian.net website located at www.1Christian.net ("1CN"), other than third party websites and links. 1CN is the property of 1Christian.net, Inc and/or its licensors ("Company").

Your continued use of 1CN following the posting of any changes means that you accept and agree to such changes. It is your responsibility to check these Terms and Conditions periodically for changes. As long as you comply with these Terms and Conditions, Company grants you a personal, non transferable, non exclusive, limited privilege to enter and use 1CN.

Your use of 1CN includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON OR THROUGH 1CN, INCLUDING NOTICES OF CANCELLATION, CONTRACTS, APPLICATIONS AND POLICIES.

Article 1
Content & Intellectual Property

1.01. Content. (a) You acknowledge and agree that all text, graphics, photographs, trademarks, logos, music, sounds, user interfaces, visual interfaces, artwork, computer code and all other related content ("Content"), including but not limited to the design, selection, structure, coordination, expression, the "look and feel" and arrangement of such Content, contained on 1CN is owned, controlled or licensed by or to Company, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

(b) Any reproduction, publication, further distribution or public exhibition of materials provided through 1CN, in whole or in part, is strictly prohibited. Except as expressly provided in these Terms and Conditions, no part of 1CN and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, distributed or transmitted in any way (including "mirroring") to any other computer, server, online store or other medium for publication or distribution or for any commercial enterprise, without the express prior written consent of Company.

(c) Notwithstanding any other provision of this Agreement, Company and its licensors reserve the right to change, remove, suspend or disable access to any products, Content or other materials comprising a part of 1CN at any time without notice. Company will not be liable for the removal of or disabling of access to any such products, Content or materials under this Agreement, in any event. Company may also impose limits on the use of or access to certain features or portions of 1CN without notice or liability in any case.

1.02. Trademarks. Trademarks, service marks, graphics and logos used in connection with 1CN are the trademarks of their respective owners. You are granted no right or license with respect to any of the trademarks mentioned above and any use of such trademarks.

1.03. Copyright. The sound recordings ("Recordings") you may purchase through 1CN and the copyrights in the Recordings are the valuable intellectual property of the copyright owner of such Recordings and are solely for your own personal use. Any copying, redistribution or other use of the Recordings is expressly prohibited without the prior written consent of the copyright owner. All copyrights in and to 1CN (including the compilation of content, postings, links to other Internet resources and descriptions of those resources) and software are owned by Company and/or its licensors. THE USE OF ANY PART OF 1CN, EXCEPT FOR USE OF 1CN AS PERMITTED IN THESE TERMS AND CONDITIONS, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

Article 2
Use of 1CN

2.01. Access of Services. Currently, you must reside and have a billing address in the United States to purchase music from the digital music stores. You agree not to attempt to use the services provided through 1CN from any location outside of the United States and agree to abide by any U.S. or other applicable export control laws. In addition, you agree not to attempt to upload software or content that is restricted from use outside of the United States. For some functions of 1CN, you will be required to be online at the time you attempt the function (i.e. downloading purchased music).

2.02. Actions Prohibited. (a) You may not scan, probe, or test the vulnerability of 1CN or any service connected to 1CN, nor breach the authentication or security measures on 1CN or any network connected to 1CN. You may not trace, seek to trace, reverse look up any information on any other user of or visitor to 1CN, or any other customer of Company, including any Company account not owned by you, to its source, or exploit 1CN or any service or information made available or offered by or through 1CN, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by 1CN. Moreover, you shall not reverse engineer, decompile, disassemble, or translate the related software or otherwise tamper with any of the security components related to the Content Usage Rules for any reason whatsoever. The Content Usage Rules may be controlled and monitored by Company's licensors for compliance purposes, and Company reserves the right to enforce the Content Usage Rules with or without notice to you.

(b) You may not attempt to gain unauthorized access to any portion or feature of 1CN, or any other systems or networks connected to 1CN or to any server of Company, or to any of the services offered on or through 1CN, by hacking, password "mining" or any other illegitimate means. You may not use any "spider," "robot," "deep link," "page scrape," or other automatic device, program, methodology or algorithm, or any similar or equivalent manual process, to acquire, access, copy or monitor any portion of 1CN or any Content, or in any way reproduce or circumvent the navigational structure or presentation of 1CN or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through 1CN. Company forbids any such activity.

(c) You agree not to use any software, device, or routine to interfere or attempt to interfere with the proper working of 1CN or any transaction being conducted on 1CN, or with any other person's use of 1CN. You agree that you will not take any action, intentionally or unintentionally, that imposes an unreasonable or disproportionately large load on the infrastructure of 1CN or the systems or networks of Company, or any systems or networks connected to Company or 1CN. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Company on or through 1CN or any service offered on or through 1CN.

(d) You may not impersonate any other individual or entity or pretend that you are, or that you represent, someone else. You may not use 1CN or any Content for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of Company or others.

2.03. Content Usage Rules. (a) You understand that 1CN, and any digital music products purchased through 1CN, include a security framework using technology that protects digital information and limits your usage of such products to certain usage rules established by Company and/or its licensors ("Content Usage Rules"). You agree to comply with such Content Usage Rules, as outlined below, and you agree not to violate or attempt to violate any security components.

(b) You are entitled to export, burn or copy digital music products solely for personal, noncommercial use in accordance with the Content Usage Rules only. Because 1CN and software include security components, special rules and policies apply. The software enables Company to control your access to Content (defined below) in accordance with the Content Usage Rules. You agree that you will not reverse engineer, decompile, disassemble or otherwise tamper with any of the security components, special rules or other protection applications or software for any reason whatsoever. You agree to abide by the rules and policies established from time to time by Company. Such rules and policies will be applied generally in a nondiscriminatory manner to users of 1CN and software, and may include, for example, required or automated updates, modifications, and/or reinstallations of the software and obtaining available patches to address security, interoperability and/or performance issues. You further agree that you will not attempt to modify the software or any of the Content Usage Rules for any reason whatsoever, including for the purpose of disguising or changing ownership of the Content. Company (for themselves and for their Content providers) reserve the right to enforce the Content Usage Rules with or without notice to you.

(c) The related software may enable you to listen to, view and/or read (as the case may be) music, images, video, text and other material that may be obtained by you in digital form solely for your personal entertainment use ("collectively Content"). All Content accessible through the Network embodies the intellectual property of a third party, is protected by law, and is provided solely for the your personal and non commercial use. You agree that you shall not use any Content as a musical "ringer" (aka "ringtone") in connection with phone calls. Any redistribution, transmission, sale, broadcast, public performance, rental or lending, adaptation, sub license or other use of the Content provided through 1CN is expressly prohibited without the prior written consent of the copyright owner. The respective copyright owners reserve all rights in law and in equity. This Content may be owned by Company or by third parties. However, in all circumstances, you understand and acknowledge that your rights with respect to Content you obtain for use in connection with the software will be limited by copyright law and by the Content Usage Rules, as described in these Terms and Conditions presented upon registration for 1CN. The Content Usage Rules approved by Company and/or the pertinent Content owner in respect of Content shall govern your rights with respect to that Content regardless of whether unauthorized rules have been associated with that Content by another party.

(d) How you transfer and burn your music depends on the digital file format of the music that you download. For your convenience, our music files may be offered in two different file formats, Windows Media Audio ("WMA") and MP3.

(1) WMA. Our music files in the WMA format are encoded with digital rights management (DRM). The encoded DRM helps to ensure the proper use of the digital music content. For many songs purchased from 1CN in WMA format, you will be licensed to perform the following functions, although additional privileges may be permitted by the Content owner and may be enabled in the licenses for an individual file (such as unlimited burns to CD and transfers to an unlimited number of supported portable music devices):

Downloads = 1. You may download your music from 1CN only 1 time. The computer used to download the music is the 1st computer.

Transfers = 4. You may transfer your digital music files to 4 secondary computers.

1st Computer CD Burns = 7. You may burn an audio CD 7 times from your 1st computer. We recommend using a WMA DRM compatible player like WM10, Real Player, or WinAmp for burning Audio CDs.

2nd Computer CD Burns = 3. You can burn an audio CD 3 times from a secondary computer.

Transfer to Portable Devices = Unlimited times (to up to 3 supported devices). The songs you download from 1CN can be transferred an unlimited number of times, to any supported portable music devices. There are over 70 different WMA DRM compatible portable music players, including Creative Zen, Dell, iRiver and Rio Carbon.

(2) MP3. MP3 files are universally compatible and offer the most flexibility. Songs downloaded from 1CN in MP3 format allows you unlimited CD burning and transfers to any desktop, portable music player, or digital device. However, you may make only such copies of as are reasonably necessary for your personal and non commercial use. Any other copying is expressly prohibited. You may download the music from 1CN only 1 time.
 
(e) Company reserves the right to change or modify the Content Usage Rules at any time without further notice. Music purchased prior to any such change, however, will maintain the usage permissions that were in effect at the time of such music's purchase. Furthermore, Company and/or the owners of the Content may, from time to time, remove Content from 1CN without notice.

(f) Any use of the sound recording embodied in a digital download, other than as permitted by the applicable Content Usage Rules, is a violation of the copyright in such sound recording under applicable laws and is prohibited. While you have purchased a license to play, burn or transfer a song (according to the licensing agreement outlined above), you do not have any commercial or promotional rights to that song. The delivery of Content does not transfer to you any commercial or promotional use rights in the digital music products.

(g) For downloads in WMA format, your available transfers and CD burns will be tracked using Windows Media Player 9 (or later version). These licenses extend only to the playing, burning and transferring of digital files for your own personal use. The playlist burn restrictions are absolute and may not be evaded through the creation of new playlists containing identical musical content or otherwise. Burning or exporting capabilities are solely an accommodation to you and do not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any content, sound recording, underlying musical composition or artwork embodied in any digital music product.

(h) You agree that your purchase of digital music products through 1CN constitutes your acceptance of and agreement to use such products solely in accordance with the Content Usage Rules. Further, any other use of such products may constitute a copyright infringement. The security technology is an inseparable part of such products. The Content Usage Rules govern your rights with respect to such products, in addition to any other terms or rules that may have been established between you and another party.

(i) You acknowledge that some of the aspects of 1CN, digital music products and administering of the Content Usage Rules require the ongoing involvement of Company. Therefore, in the event that Company changes any part of 1CN or discontinues 1CN, which Company may do at its election, you acknowledge that you may no longer be able to use the digital music products provided through 1CN to the same extent as prior to such change or discontinuation, and that Company shall have no liability to you in any such case.

Article 3
Digital Millennium Copyright Act

3.01. Alleged Infringement. Company's policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. If Company removes or disables access to comply with the Digital Millennium Copyright Act, we will make a good faith attempt to contact the owner or administrator of the affected site(s) in order that they may make a counter notification pursuant to Sections 512(g) of that Act. We will document all notices of alleged infringement on which we act. A copy of the notice will be sent to a third party who will make it available to the public.

3.02. Notification of Infringement. (a) You must provide a written communication, which may be sent via fax or regular mail (but not by email) that sets forth the items specified below. Please note that you may be liable for damages, including costs and attorneys' fees, if you materially misrepresent that a product or activity is infringing your copyrights. If you are unsure as to whether certain material of yours is protected by copyright laws, we suggest that you contact an attorney prior to submitting a request.

(b) Please use the following format in preparing and submitting your written notification:

(1) Identify the copyrighted work in sufficient detail that you believe has been infringed, including where the work appears, i.e., the web page(s). 
(2) Identify the material that you claim infringes on your copyrighted work described in Item 1 above, including where the material appears, i.e., the web page(s). 
(3) Provide your contact information including your telephone number and email address. 
(4) Include the following statements in your written notification: 
(i) "I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law." 
(ii) "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed." 
(5) Please sign your written notification and send it to the following address: 
1Christian.Net, Inc. 
PO Box 5
Wayne PA 19087

3.03. Counter Notification. (a) If your materials have been taken down from 1CN, you may make a counter notification pursuant to Section 512(g) of the Digital Millennium Copyright Act. When we receive a counter notification that is in accordance with Section 512(g) of the Act, we will reinstate the material in question. You must provide a written communication, which may be sent via fax or regular mail (but not by email) that sets forth the items specified below to make a counter notification.

(b) Please use the following format in preparing and submitting your written counter notification: 
(1) Identify the URLs of the materials and the materials that Company has removed. 
(2) Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located), and that you will accept service of process from the person who provided notification under subsection 512(c)(1)(C) of the Act or an agent of such person. 
(3) Include the following statements in your written notification: "I swear, under penalty of perjury, that I have a good faith belief that each search result or message identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled." 
 
(4) Please sign your written counter notification and send it to the address provided in Section 3.02(b)(5).

Article 4
Registration and User Account

4.01. Registration. Upon registration, you agree to provide current, accurate and complete information required to register with 1CN and at other points as may be required in the course of using 1CN ("Registration Data"). You must have a valid email address to become a registered user of 1CN. Further, you agree to maintain and update your Registration Data as required to keep it current, accurate and complete. Company may terminate your rights to any part of or the whole of 1CN if any information you provide is false, incomplete or inaccurate. You agree that Company may store and use the Registration Data you provide (including credit card information) for use in maintaining your accounts and billing fees to your credit card.

4.02. Account. As a registered user of 1CN, you may receive or establish a user account ("User Account"). You are solely responsible for maintaining the confidentiality and security of your User Account. You are entirely responsible for all activities that occur on or through your User Account, and you agree to immediately notify Company of any unauthorized use of your User Account or any other breach of security. You should not reveal your User Account information to anyone else or use anyone else's User Account. Company shall not be responsible for any losses arising out of the unauthorized use of your User Account.

Article 5
Payment Terms

5.01. Payment Methods. (a) Company may accept Visa, MasterCard, American Express or Discover in U.S. funds drawn on U.S. banks for music purchases in any format and membership fees. We are unable to accept credit cards or purchases from anyone from outside the U.S. When placing your order, the digital music store will obtain a pre approval from the holder of your credit card for the amount of your purchase. That amount will be billed to your credit card at the time of purchase. If a purchase is declined, please review your billing information to make sure it is correct and then resubmit.

(b) You agree to pay for all products you purchase through 1CN, and that Company may charge your credit card for any products you purchase, and for any additional amounts as may be accrued by or in connection with your User Account (including any taxes and late fees, as applicable). YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING COMPANY WITH A VALID CREDIT CARD FOR PAYMENT OF ALL FEES.

(c) All fees will be billed to the credit card that you designate during the registration process. If you want to designate a different credit card, or if there is a change in your credit card status, you must change your payment account information online at the User Account Info section of 1CN.

(d) Occasionally, technical problems may delay or prevent delivery of the product you purchase. Your exclusive and sole remedy with respect to such product, which is not delivered within a reasonable period of time, as determined by Company, will be either replacement of such product or refund of the purchase price paid for such product.

5.02. Sales Tax. 1CN will charge sales tax for purchases made by users where required by law.

5.03. Refunds. Due to the nature of digital media, no refunds can be given for digital music once it has been successfully downloaded and the purchase is complete.

Article 6
Additional Features & Requirements

6.01. Third Party Websites. 1CN may contain links to other independent third party websites ("Linked Websites"). These Linked Websites are provided solely as a convenience to our visitors. Such Linked Websites are not under the control of Company, and Company is not responsible for and does not endorse the content of such Linked Websites, including any information or materials contained on such Linked Websites. Company does not have any responsibility or liability for any information, data, communications or materials available on such third party sites. These linked sites are only for your convenience and you therefore access them at your own risk.

6.02. System Requirements. 1CN is best viewed through Internet Explorer version 5.5 or higher or Firefox 7.0 or higher and you must be on a Windows platform to purchase music from 1CN Tunes. Hardware and software requirements for the digital music stores are as follows:

(a) your computer must have (1) connectivity to the Internet to install the Software; (2) a 500 MHz Pentium class processor or better; (3) 512 MB RAM minimum (1 GB RAM recommended); (4) a minimum of 10 MB hard disk space available for the Software download (additional storage is needed per song download); and (5) its operating system must be Windows 2000 or better (Windows 2000 Professional Service Pack 4 & above, Windows XP Service Pack 1 & above).

(b) you must have administrator privileges on your computer and have a hard drive available for installation of license database and

(c) you must have a secure connection for communication between the Company server and your computer, and for more optimum download results, high speed cable, T1 or DSL is recommended.

6.03. Age Requirement. 1CN is available for individuals 13 years of age or older. If you under the age of 18, but over the age of 13, you should review these Terms and Conditions with your parent or guardian to make sure that you and your parent or guardian understands these Terms and Conditions.

6.04. Cookies. To enable the Company shopping cart application, you must set your web browser to allow cookies. Failure to do so will adversely impact your shopping experience.

6.05. Upgrades. Company may, from time to time, present programming fixes, updates and upgrades to you, including version updates to the software. You will be prompted to either accept or decline such programming fixes, updates and upgrades, which will be applied and installed on your computer only upon your acceptance. Failure to accept, however, may affect your ability to use the software and 1CN.

6.06. ID Storage. In order to track licenses for the songs you purchase from 1CN, it may be necessary to store identifying information from your computer or other device on the device itself.

6.07. Explicit and Clean Lyrics. (a) In an attempt to help parents stay informed, the Recording Industry Association of America (RIAA) established the Parental Advisory label, a voluntary program in conjunction with record labels and artists to warn parents of potentially inappropriate content. Music bearing this label may contain strong language or depictions of violence, sex or substance abuse. When you see this warning, parental discretion is advised. Anytime a song or album has been deemed "explicit," you should see an "Explicit Content Parental Advisory" or [PA] warning next to that song title or album listing in the digital music store. This is not a determination of whether or not this music is appropriate for a particular listener; it is merely a notice to consumers (parents in particular) that discretion is advised. Since this is a voluntary program (artists and labels choose to participate) and evaluating lyrical content is not an exact science, parents are encouraged to be aware of the music their children are listening to and to use the resources available to make informed decisions about purchases. (b) In some cases, labels and artists may also make available an edited or "clean" version of a song or album. When this is the case, an "Edited Content" or [E] label should appear next to that song title or album listing. This is not a guarantee that the music will be free of any objectionable content; it's simply a notice to consumers that the album has been modified from the original and does not include all of the same content contained in the "explicit" version.

6.08. 1PassTM. To use 1PassTM service on 1CN Tunes, a valid email address or instant messaging (IM) program is required to "pass" songs. Credit earned through these programs is in the form of points only. Points have no cash value and can only be redeemed for music. Points are only earned for sales resulting from an initial or secondary pass. Purchases occurring beyond this will not earn the original sender any points. Company does not have any responsibility or liability for any data, content or link contained in any email, instant message or any other communication sent from one user to another in connection with the use of 1CN including any other information or materials contained in such communications. The users of 1CN are not under the control of Company, and Company is not responsible for and does not endorse any actions that violate any law or that may be deemed objectionable or offensive by the users of 1CN. You may not use the 1PassTM service in a manner that could be construed as "spamming" or "mass mailing," as determined by Company in its sole discretion. If we determine that you are abusing the 1Pass service in such a manner, we reserve the right to terminate your access to and use of 1CN immediately.

6.09. Showcases. (a) It is your responsibility to stock and update your Showcase. Explicit language is not permitted on any Showcase and we reserve the right to remove any entries we find objectionable. You may not enter comments on your Showcase that are disparaging, denigrating or otherwise reasonably likely to subject Company or any artist to scorn, contempt or ridicule. Further, we may remove any entries that we deem objectionable, in our sole discretion, (including but not limited any critiques of or comments on any music or artists that we deem objectionable in our sole discretion). We also reserve the right to remove any Showcase at any time at our sole discretion. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT OR COMMENTS THAT ARE POSTED ON YOUR SHOWCASE. (b) All graphics, text, images, interfaces, artwork, trademarks, logos, sounds and music is owned by, controlled by or licensed to Company and is protected by copyright, patent and trademark laws. There is no fee associated with setting up a Showcase, and there will be no cash revenue due to individuals for sales made at Showcases they create. Points earned on sales made from Showcase pages cannot be redeemed for cash and they have no cash value. In creating a Showcase, you do not have unlimited rights to the music available in your Showcase. Usage of all music files will be dictated by the agreements between the digital music store and the copyright holders. In no event and under no circumstances are Company, our subsidiaries, directors, employees, officers or our suppliers to be held liable for lost profits or points arising out of, or in connection with, the services provided by 1CN. You and Company are independent contractors, and no agency, partnership, joint venture, employee employer or franchiser franchisee relationship is intended or created by this agreement.

Article 7
Violations of the Terms and Conditions

7.01. (a) Failure to abide by these Terms and Conditions is a material breach of this agreement for which Company may pursue all rights and remedies it has pursuant to this agreement, and any other rights and remedies it may have at law or in equity. You also agree that any violation by you of these Terms and Conditions will constitute an unlawful and unfair business practice and will cause irreparable harm to Company, for which monetary damages would be inadequate, and you consent to Company obtaining any injunctive or equitable relief that Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Company may have at law or in equity. You agree that Company may, in its sole discretion and without prior notice, terminate your access to 1CN for violations of these Terms and Conditions or other agreements or guidelines which may be associated with your use of 1CN or Company deems it necessary in its sole discretion.

(b) Company reserves the right to takes the steps that Company believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms and Conditions (including but not limited to Company's right to cooperate with any legal process relating to your use of 1CN and/or products, and/or a third party claim that your use of 1CN and/or products is unlawful and/or infringes such third party's rights).

(c) Company reserves the right at all times to disclose any information that Company deems necessary to comply with any applicable law, regulation, legal process or governmental request. Company also may disclose your information when Company determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. Company may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of 1CN, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) to the rights or property of Company, or the rights or property of visitors to or users of 1CN, including the customers of Company. You agree that Company has the right, without liability to you, to disclose any Registration Data and/or User Account information to law enforcement authorities, government officials and/or a third party, as Company believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms and Conditions (including but not limited to Company's right to cooperate with any legal process relating to your use of 1CN and/or products, and/or a third party claim that your use of 1CN and/or products is unlawful and/or infringes such third party's rights). For further information regarding your privacy, please review our Privacy Policy, which is incorporated into these Terms and Conditions by reference.

(d) You acknowledge and agree that Company may preserve any transmittal or communication by you with Company through 1CN or any service offered on or through 1CN, and may also disclose such data if required to do so by law or Company determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms and Conditions, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Company, its employees, users of or visitors to 1CN, and the public.

(e) If Company does take any legal action against you as a result of your violation of these Terms and Conditions, Company will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Company. You agree that Company will not be liable to you or to any third party for termination of your access to 1CN as a result of any violation of these Terms and Conditions.

Article 8
Limitation of Liability; Disclaimer and Release

8.01. Limitation of Liability. Except where prohibited by law, in no event will Company be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Company has been advised of the possibility of such damages. If, notwithstanding the other provisions of these Terms and Conditions, Company is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of 1CN or any Content, Company's liability shall in no event exceed $50. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

8.02. DISCLAIMER. (a) 1CN, ITS CONTENT AND ANY TECHNOLOGY ARE DELIVERED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTY. ALL INFORMATION PROVIDED ON 1CN IS SUBJECT TO CHANGE WITHOUT NOTICE. COMPANY DOES NOT PROMISE THAT 1CN OR ANY CONTENT, SERVICE OR FEATURE OF 1CN WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF 1CN WILL PROVIDE SPECIFIC RESULTS. COMPANY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM 1CN WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF 1CN AND/OR ANY COMPANY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF 1CN AND ANY LINKED WEBSITES. YOUR SOLE REMEDY AGAINST COMPANY FOR DISSATISFACTION WITH 1CN, ANY CONTENT OR RELATED SOFTWARE IS TO STOP USING 1CN, ANY SUCH CONTENT, OR THE SOFTWARE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES TO THESE TERMS AND CONDITIONS.

(b) The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. Company reserves the right to do any of the following, without notice, at any time: (1) to modify or change 1CN, or any portion of 1CN, and any applicable policies or terms; (2) to modify, suspend or terminate operation of or access to 1CN, or any portion of 1CN, for any reason; and (3) to interrupt the operation of 1CN, or any portion of 1CN, as necessary to perform routine or non routine maintenance, error correction or other changes.

8.03. Release. (a) In the event that you have a dispute with one or more users for any reason, you release Company (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

(b) Further, in the event you have a dispute with any third party (including any artist in the entertainment industry) that for any reason arises out of any special promotion in which such third party participates (including but not limited to the promotion of a digital music product with a free bonus telephone conversation with the artist of the music) offered by Company, you release Company (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

(c) If you are a California resident, you waive California Civil Code §1542, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Article 9
General Provisions

9.01. Indemnification. You agree to indemnify and hold Company, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, and any of its third party technology providers, harmless from any demands, loss, liability, claims or expenses, including attorneys' fees, made against Company by any third party due to or arising out of, or in connection with, your use of 1CN.

9.02. Governing Law. You agree that all matters relating to your access to or use of 1CN, including all disputes, will be governed by the laws of the United States and by the laws of the Commonwealth of Pennsylvania without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Delaware County, Pennsylvania, and waive any objection to such jurisdiction or venue. Any claim under these Terms and Conditions must be brought within one (1) year after the cause of action arises or such claim or cause of action is barred. No recovery may be sought or received for damages other than out of pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees.

9.03. Void Where Prohibited. Any offer for any feature, product or service made on 1CN is void where prohibited. Company websites may be administered and operated from various locations inside and outside of the United States. Although 1CN is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on 1CN are available to all persons or in all geographic locations, or appropriate, available, permissible for use outside the United States. Company reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. If you choose to access 1CN from outside the United States, you doing so on your own initiative and you are solely responsible for complying with applicable laws.

9.04. Entire Agreement/Severability. These Terms and Conditions, 1CN privacy policy, and software end user license agreement constitute the entire agreement between you and Company with regard to your use of 1CN, and any and all other written or oral agreements or understandings previously existing between you and Company with respect to such use are superseded and cancelled. If any of the provisions of these Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms and Conditions, so that these Terms and Conditions shall remain in full force and effect. Company will not accept any counter offers to these Terms and Conditions, and all such offers are categorically rejected.

9.05. No Waiver. The failure of Company to insist on or enforce strict performance of these Terms and Conditions shall not be construed as a waiver by Company of any provision or any right it has to enforce these Terms and Conditions, nor shall any course of conduct between Company and you or any other party be deemed to modify any provision of these Terms and Conditions.

Last Revised February 8, 2008