USER/FAN AGREEMENT
Welcome to gimmesound.com
When you download a song from the gimmesound.com website (the "Site"), you are asked to and must agree to the following Terms and Conditions:
Legal Music, LLC ("the Company") hereby grants you ("User" or "you"), a limited personal license to download Songs from the gimmesound.com website (the "Site") for your personal use pursuant to the terms and conditions stated in this User Agreement (the "Agreement."), effective March 28, 2009 (the "Effective Date")
Personal Use Only
You understand and agree that all music on the Site is for your personal entertainment use only. You expressly agree not to distribute or broadcast any music downloaded or otherwise obtained through the Site (the "Music"), or use the Music for any commercial purposes without the express written consent of the artist who owns the rights to the Music. You can contact the artist by clicking on the CONTACT ARTIST button in the Artist Profile (just to the right of the music player controls).
Warranties and Representations
You expressly represent and warrant to the company, that you will not upload, post, email, transmit or otherwise make available on the Site any content of any kind, whether text, images, video, audio or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or invasive of another's privacy, or that contains any virus, trap door, Trojan Horse, disabling device or remote control mechanism that might, or might be utilized to, impede the operation of the Site or its host server.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
Your use of the Site is AT YOUR SOLE RISK. The Site is provided on AN "AS IS" AND "AS AVAILABLE" BASIS. The Company EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ANY MUSIC DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
You expressly understand and agree that The Company SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES resulting from your use of the Site or downloading of any Songs.
Miscellaneous
This Agreement shall be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts, United States, applicable to contracts wholly made and wholly performed in Massachusetts. This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof and may only be modified by a written amendment signed by both parties.