Disclaimer

This document (agreement) is the legal contract between you and TotalMusicNut for your use of our download platform available at www.totalmusicnut.com.
The terms below will apply to you if you use the TotalMusicNut download platform. TotalMusicNut reserves the right to modify these terms from time to time and post a copy of the amended agreement available at www.totalmusicnut.com. If you do not agree to the agreement as amended, your only remedy is to stop using the TotalMusicNut download platform.
You will be deemed to have accepted the agreement as amended if you continue to use the service after any amendments are posted. Users must be at least 18 years of age to agree to use the TotalMusicNut download platform. Present this agreement to your parent or legal guardian if you are under 18 years of age. For the benefit of your child, please be aware that you are fully responsible for his or her use of the TotalMusicNut download platform, 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 give your child permission to use the TotalMusicNut download platform. The TotalMusicNut download platform allows users to listen to streams of audio files and to purchase music.
Users are responsible for any hardware, systems, software and the connection to the internet. Purchased music is only for your personal and non-commercial use. Use of the TotalMusicNut download platform and purchased music. The music is owned by TotalMusicNut"s business partners such as composers and/or copyright owners and are protected by intellectual property laws. You understand that you may not share purchased music with any one else and you may no reproduce, modify, display, perform, transfer, distribute purchased music from TotalMusicNut.
Your usage of any audio file(s) will be limited by the rules assigned to the audio file(s) by TotalMusicNut as described in this section. TotalMusicNut reserves the rights to modify the usage rules at any time. A "sample" is a portion of a audio file or in some cases an entire audio file that you can stream directly from the TotalMusicNut download platform at no cost to you. You may play as many samples as you like. You agree to not capture, copy, or download a sample. "Purchased music" is a group of audio files (called an album at the TotalMusicNut download platform) that you may save to your hard drive, play the purchased music at any time, you may burn it to a cd-r or play it on compatible portable devices (like MP3 players). If you purchased music from the TotalMusicNut download platform, it is your responsibility not to lose, destroy or damage them and TotalMusicNut can never be hold responsible for that. A "stream" is an audio file that you play directly from www.totalmusicnut.com. You may play as many streams as you like. You may not attempt or encourage others to capture, copy, or download a streamed audio file. A "download" is an audio file that you may save to the hard drive of your personal computer and play back as many times as you want but you may not share purchased music with anyone else. Delivery of purchased music (downloading) to your computer: Technical problems may on occasion delay or prevent delivery of purchased music to you. In such case please contact TotalMusicNut at: customerservice@totalmusicnut.com. Monitoring the (public) shoutbox: TotalMusicNut provides the service that allows you to exchange messages with other users via the shoutbox. You agree to hold harmless TotalMusicNut from and against all claims resulting from content you post to any public area like the shoutbox. You agree not to use the shoutbox to post and display content that is illegal, obscene, threatening in any way. You agree to not use a false email address or otherwise mislead other members as to your identity or to the origin of a message or content. Agreement to pay: You agree to pay for all albums that you purchase through the TotalMusicNut download platform and TotalMusicNut may charge your billing payment method for any such payment(s). Explicit content: Certain albums may have explicit content. TotalMusicNut shall have no liability or responsibility to you for any explicit content that may be available in connection with the TotalMusicNut download platform that you might find objectionable. All trademarks, logos that appear on the service are the property of TotalMusicNut 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. Promotions and advertising: TotalMusicNut 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 TotalMusicNut 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 websites: The service may present links to third-party websites not owned or operated by TotalMusicNut. TotalMusicNut is not responsible for the availability of these sites or their contents. You agree that TotalMusicNut 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 the TotalMusicNut download platform: TotalMusicNut reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service 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 albums would result in irreparable injury to TotalMusicNut and/or its affiliates or licensors for which money damages would be inadequate, and in such event TotalMusicNut, 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 TotalMusicNut, its affiliates and/or licensors may have under separate legal authority. Indemnity: You agree to indemnify and hold harmless TotalMusicNut 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 purchased albums and to reimburse them on demand for any losses, costs or expenses they incur as a result thereof.
DISCLAIMERS: You understand and agree that your use of the service is at your own sole risk. TotalMusicNut expressly will disclaim all warranties, express or implied including, but not limited to, implied warranties of merchatability and fitness for a particular purpose and any warranty of noninfringement. You will not hold TotalMusicNut responsible for any damages that result from you accessing the service or using the purchased products including, but not limited to, damage to any computer, software or system or portable devices you use to access the same. Under no circumstances shall TotalMusicNut be liable for any unauthorized use of the service and/or purchased albums. Under no circumstances shall TotalMusicNut be liable to you for any consequential, incidental or special damages arising out of the use or inability to use the products, even if TotalMusicNut has been advised of the of the possibility of such damages.

Copyright 2006 TotalMusicNut