Legal - N1M

Terms and Conditions

Welcome to N1M, owned, produced and operated by N1M. ("N1M") and, potentially, in part or in whole, by its parents, subsidiary and affiliate corporations, successors, and assigns (collectively referred to as "N1M Companies"). N1M is a music-oriented content and information website that provides a service to musical artists and to record companies on behalf of musical artists (each an "Artist" and collectively "Artists") to post information regarding themselves as well as musical content owned and/or created by them. Unless explicitly stated otherwise, any current, updated and new products and services ("Products and Services"), including the addition of new properties shall be subject to these General Terms and Conditions of Use ("Terms and Conditions").

In addition, there are a variety of special products and services offered through N1M that have separate registration procedures and separate terms and conditions, terms of service, user agreements, or similar legal agreement. When you are using any service or product of on N1M that does not have a separate legal agreement, the Terms and Conditions set forth here will apply. N1M ent. and/or the N1M Companies also may supplement the Terms and conditions with posted guidelines or rules applicable to specific areas of N1M. In addition, N1M and/or the N1M Companies also may offer other services from time to time that are governed by the terms of service of the respective service partners. N1M reserves the right to amend these Terms and Conditions at any time.

By using N1M you agree to be bound by these Terms and Conditions, whether or not you register as a listener ("Listener"). Because the Terms and Conditions contain legal obligations, please read them carefully.

The Terms and Conditions contain a variety of provisions that are generally applicable to the Products and Services and some provisions that apply to particular Products and Services. You should understand that you will be bound by the entire Terms and Conditions.

1. ACCEPTANCE

By using the Products and Services, you are agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to N1M or any Product or Service. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions.

2. CONDITIONS AND RESTRICTIONS ON USE

Use of the Products and Services is subject to compliance with these Terms and Conditions. You shall be authorized to use the Products and Services for personal, non-commercial use only. You acknowledge and agree that N1M may terminate your access to the N1M or to any of the Products and Services should you fail to comply with the Terms and Conditions or any other guidelines and rules published by N1M. Any such termination shall be in N1M ent.'s sole discretion and may occur without prior notice, or any notice. N1M further reserves the right to terminate any user's access to N1M or to any of the Products and Services for any conduct that N1M, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to N1M or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. N1M further reserves the right to terminate any user's access to N1M or to any of the Products and Services for any reason or for no reason at all, in N1M's sole discretion, without prior notice, or any notice.

In order to use the Products and Services, users must have access to the World Wide Web and must navigate the Internet to http://www.N1M.com. Where there is mature or adult content on N1M, individuals who are less than 18 years of age or are not permitted to access such content under the laws of any applicable jurisdiction may not access such content. There are also other (mainly commerce-related) areas of N1M not open to persons under 18 years of age. With respect to general audience content, if N1M learns that anyone under the age of 13 has accessed the Products and Services, N1M will require verified parental consent, in accordance with the Children's Online Privacy Protection Act of 1998 ("COPPA"). Certain areas of N1M, however, may not be available to children under 13 under any circumstances.

N1M does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.

3. REGISTRATION AND PRIVACY

Certain of the Products and Services will require the user to register and provide certain data. In consideration of use of such Products and Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various N1M registration forms ("Registration Data") and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or N1M has a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, N1M has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services.

All N1M registrations become the exclusive property of N1M and the N1M Companies. N1M reserves the right to use and reuse all registration and other personally identifiable user information subject to N1M's Privacy Policy. Users may edit, update, alter or obscure their personally identifiable information at any time by following the instructions located in N1M's Privacy Policy and on N1M.

You acknowledge receipt of N1M's Privacy Policy, including our Notice Regarding the Privacy of Children Under 13 While on N1M.

4. RESPONSIBILITY FOR MINORS

In cases where you have authorized a minor to use the Products and Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Products and Services; and (iii) the consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT SOME AREAS OF N1M MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.

5. LISTENER AND USER CONDUCT

You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not N1M, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services. N1M does not control the user or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. You acknowledge and agree that by using the Products and Services, you may be exposed to Content that may be deemed offensive, indecent or objectionable. Nevertheless, you agree to use N1M at your sole risk. Under no circumstances will N1M be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services. As a general matter, N1M does not pre-screen user or third party Content posted on N1M, although N1M reserves the right to do so. N1M does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all. N1M reserves the right to monitor some, all, or no areas of the Products and Services for adherence to these Terms and Conditions or any other rules or guidelines posted by N1M.

The Products and Services may only be used for the intended purpose for which such Products and Services are being made available.

Prohibited Conduct

You agree that you will not use N1M's Products and Services to:

1.Upload, post, email, otherwise transmit, or post links to any Content, or select any member or user name or email address, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
2.Upload, post, email, otherwise transmit, or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
3.Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age.
4.Harm minors in any other way.
5.Make any sexual request on behalf of a minor or make any sexual request of a minor.
6."Stalk" or otherwise harass another.
7.Collect or store personally identifying information about other users for commercial or unlawful purposes.
8.Impersonate any person or entity, including, but not limited to, a N1M Inc official, employee, consultant, or otherwise, or falsely state or otherwise misrepresent your affiliation with a person or entity.
9.Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Products and Services.
10.Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
11.Upload, post, email, or otherwise transmit, or post links to any Content that facilitates hacking.
12.Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:
1.Making available copyrighted software or other Content that has had the copyright protection removed.
2.Making available serial numbers for software that can be used to illegally validate or register software.
3.Making available tools that can be used for no purpose other than for "cracking" software or other copyrighted Content.
4.Making available any software files for which the user does not own the copyright or have the legal right to make available.
13.Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose.
14.Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Products and Services or N1M.
15.Use automated means, including additional computers, software and scripts, to enhance play in N1M promotions, increase the number of plays of songs of any particular artist on N1M or increase traffic to the N1M artist site of any particular artist.
16.Use automated means, including spiders, robots, crawlers, or the like to download data from any N1M Network database.
17.Conduct your own contests and promotions.
18.Upload, post, email, otherwise transmit, or post links to any Content regarding any raffle, contest or game requiring a fee by participants.
19.Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Content from any N1M database, including, without limitation, by incorporating data from any N1M database into any e-mail or "white pages" products or serviced, whether browser-based, based on proprietary client-site applications, web-based, or otherwise.
20.Sell, distribute, or make any commercial use of data obtained from any N1M database or make any other use of data from any N1M database in a manner which could be expected to offend the person for whom the data is relevant.
21.Create and maintain a N1M artist site that (i) redirects to another web page or (ii) stores or hosts content for remote loading by other web pages. For example, you cannot create a N1M artist site, post pictures to the N1M artist site, and have other web pages call the N1M artist site to retrieve those pictures.
22.Create and maintain a N1M artist site that contains hyperlinks to content not permitted on N1M.
23.Disrupt the normal flow of dialogue in a chat room, cause a screen to "scroll" faster than other users of the Products and Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
24.Interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services.
25.Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
26.Upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market.
27.Disobey any N1M employee or representative or interfere with any action by any N1M employee or representative to redress any violation of these Terms and Conditions.
28.Access the Products and Services after your account or access has been terminated by N1M.
29.Fail to complete any transaction after submitting an order to purchase any goods or services from individual Artist sites, subject to the individual Artist site's terms and conditions governing such transactions.
30.Submit any order to purchase goods or services from individual Artist sites where you do not intend to complete the transaction.
31.Purchase any goods or services that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction. The responsibility for ensuring compliance with all such laws shall be the user's alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase such goods or services.
32.Use any software deployed in connection with the Products and Services to process data as a service to other entities without the express written consent of N1M or the party from whom such software may be licensed.
33.Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Products and Services.
34.Upload, post, email, otherwise transmit, or post links to any material, or act in any manner that is offensive to N1M community or the spirit of these Terms and Conditions.
35.Advertise, offer for sale, or sell any of the following items:
1.Any firearms, explosives, or weapons.
2.Any food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants.
3.Any alcoholic beverages.
4.Any tobacco products for human consumption, including, without limitation, cigarettes and cigars.
5.Any items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, or are harmful to minors.
6.Any controlled substances or pharmaceuticals.
7.Any counterfeit or stolen items.
8.Any dangerous items.
9.Any goods or services that do not, in fact, exist.
10.Any registered or unregistered securities.
11.Any items that violate or infringe the rights of other parties.
12.Any items that you do not have the legal right to sell.
13.Any items where paying N1M any of the required transactional or listing fees would cause N1M or the N1M Companies to violate any law.

You acknowledge and agree that N1M and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Products and Services at any time, for any reason, or for no reason at all, with or without notice. Without limitation N1M and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that violates the Terms and Conditions or is otherwise objectionable as determined by N1M, in its sole discretion. N1M may also terminate access to, or membership in, N1M, or any portion thereof, for violating these Terms and Conditions. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or obtained through the use of N1M, including without limitation, information posted on message boards.

You expressly acknowledge and agree that N1M may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of N1M, its users and the public. You acknowledge and agree that the technical processing and transmission of the Products and Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by N1M with regard to its users may be disclosed in accordance with N1M's Privacy Policy.

N1M also may suspend or terminate any user account for any Product or Service because of user inactivity. What is considered "user inactivity" varies depending on the Product or Service. If one of your accounts is suspended or terminated for inactivity, your right to use such Product or Service immediately ceases.

6. LIMITED LICENSE TO CONTENT

N1M claims no ownership interest in any of the Content (including, without limitation, master recordings, artwork and photographs) posted by you on N1M, and the copyright to all such Content shall remain with its original owner.

By posting Content on N1M, you warrant and represent that you own the Content posted by you or otherwise have the right to grant the license set forth in this section, and that such Content does not violate the rights of any third party. You agree to pay all royalties and fees owing to any person by reason of any Content you post on N1M.

In order to make it possible for N1M Inc to provide the Products and Services, you hereby grant N1M a limited, non-exclusive, worldwide, royalty-free license to use, reproduce, modify (for example, re-sizing of photos and/or encoding of audio or video files), transmit, publicly display, publicly perform and distribute any Content posted by you on or through N1M, to publish and promote such Content in connection with the particular Products and Services, to publish and promote such Content on any other N1M website through links to N1M, and to sublicense such rights solely as necessary to provide the Products and Services. The license shall terminate at such time as you remove your Content from N1M.

7. THIRD PARTY MERCHANDISE SALES

N1M may contain links to third party websites where Users can purchase goods or services from third party merchants ("Merchants"). By submitting an order to purchase any goods or services from Merchants, Users are obligated to complete such transactions, subject to the individual Merchant's terms and conditions governing such transactions. Users are prohibited from submitting orders to purchase goods or services where they do not intend to complete such transactions.

By submitting an order to purchase goods or services from an individual Merchant, you acknowledge that you are entering into a transaction with that Merchant, and that N1M, N1M and the N1M Companies are not parties to the transaction.

Users are obligated to submit information that is true, accurate, current, and complete. By accepting these Terms and Conditions, you represent and warrant that all such information submitted by you is true, accurate, current, and complete. Users are also required to maintain and update all such information in order to ensure that it remains true, accurate, current, and complete. Each time you update such information, you represent and warrant that such information is true, accurate, current, and complete.

Users may not purchase goods or services that they are prohibited from purchasing or possessing by any law applicable to them in their jurisdictions. The responsibility for ensuring compliance with all applicable laws shall be the User's alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase and possess such goods or services.

N1M has no partnership, joint venture, employer-employee, or franchisor-franchisee relationship with any Merchant accessible through N1M. N1M cannot confirm that any particular Merchant is who that Merchant claims to be. Nor can N1M confirm the truth or accuracy of any statements made by Merchants or control whether Merchants who post statements on N1M will act in accordance with those statements. N1M will not get involved in any dispute between Users of the Service and Merchants who post links on N1M. The ability to include links is provided only as a convenience, and the inclusion of any link by an Artist or User does not imply affiliation, endorsement, or adoption by N1M of the linked site or any information contained therein.

8. N1M PLAYER

The N1M Player Audio Player and any software contained therein (collectively, the "N1M Player Software") are made available to you free of charge subject to the terms and conditions of this license. You may load the N1M Player Software into the temporary storage of your computer each time you use it for the sole purpose of engaging in that use, provided that you do so in accordance with these Terms and Conditions, and such use does not violate N1M's intellectual property rights. You agree not to attempt to, or assist another person to attempt to, circumvent, tamper with, modify, disassemble, decompile, reverse engineer, derive the source code of, or create derivative works from, the N1M Player Software, and you may not copy, distribute, publicly display, or publicly perform the N1M Player Software except as expressly authorized by these Terms and Conditions. You agree not to modify the N1M Player Software in any manner or form, or to use modified versions of the N1M Player Software, for any purposes. You may not use the N1M Player Software to engage in or allow others to engage in any illegal activity. You may not claim any sponsorship by, endorsement by, or affiliation with N1M.

By uploading any skins or plug-ins to the N1M Player Audio Player, you grant to N1M and to users of the N1M web site the perpetual, world-wide, royalty free license to copy, distribute, publicly display, publicly perform, and create derivative works from such skins or plug-ins. You represent and warrant that all such skins or plug-ins are original works, created by you, which do not infringe any third party intellectual property, proprietary, or other rights.

AS WITH OTHER PRODUCTS AND SERVICES, THE N1M PLAYER SOFTWARE IS SUBJECT TO THE CAPITALIZED LANGUAGE BELOW REGARDING DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY.

N1M makes available through N1M certain music files solely for your personal use. All such music files are subject to copyright and/or other intellectual property protections afforded to the owners of such works. PLEASE BE ADVISED THAT THE UNAUTHORIZED REPRODUCTION, DISTRIBUTION, PUBLIC DISPLAY, PUBLIC PERFORMANCE, OR CREATION OF DERIVATIVE WORKS FROM SUCH WORKS IS STRICTLY PROHIBITED

Please read the entire Terms and Conditions as all N1M properties, Products and Services are subject to these Terms and Conditions.

9. PROFILES

Listeners and Artists/Bands are invited to post content to their profile ("Profile") subject to the following limitations: (a) N1M may limit the amount of bandwidth dedicated to any account; and (b) N1M reserves the right to display advertising on Profile pages. Please consult the N1M Privacy Policy for special terms as they relate to Profiles. Profiles are governed by the entire Terms and Conditions, including, without limitation, Section 5 (Listener and User Conduct), and you are encouraged to review these terms carefully. Under no circumstances may Profiles be used to infringe the copyright or any other right of any person or entity. N1M reserves the right to modify or discontinue the Profiles service at any time, and you are encouraged to maintain back-up copies of the content you post on your Profile. The Profile service may only be used by people who are at least 13 years old.

By registering on N1M, you represent and warrant that all registration information you submit is truthful and accurate and that you will maintain the accuracy of such information. You further represent and warrant that you are 13 years of age or older and that your use of the N1M will not violate any applicable law. Your membership is for your sole, personal use, and you will not authorize others to use your account, including your Profile. You are solely responsible for all Content published or displayed through your account, and for your interactions with other Users.

Please choose carefully the information you post on your Profile and that you provide to other members. Your Profile may not include the following items: telephone numbers, street addresses, last names, URLs or email addresses, and any photographs posted by you may not contain nudity or any personal information. Please read Section 5 above, Listener and User Conduct, for additional terms and conditions regarding your use of N1M.

The information provided by other users in their Profiles may contain inaccurate, inappropriate or offensive material, products or services for which N1M assumes no responsibility or liability.

N1M reserves the right, in its sole discretion, to reject, refuse to post or remove any Content posted by you, or to restrict, suspend, or terminate your access to all or any part of the N1M Network, including N1M, at any time, for any or no reason, with or without prior notice, and without liability.

10. DISCLAIMER OF WARRANTIES

THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, N1M DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, N1M DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. N1M SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT N1M DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. N1M DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. N1M DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. N1M MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY N1M.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

11. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL N1M OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF N1M OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, N1M. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF PROFILES, ARIST PAGES OR OTHER CONTENT STORED THROUGHOUT N1M.

UNDER NO CIRCUMSTANCES SHALL N1M OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

12. DISCLAIMER REGARDING THIRD PARTY CONTENT

N1M offers access to numerous third party web pages and content available over the Internet. In overwhelming majority instances, including, but not limited to, sites contained within a directory of links, N1M has no control whatsoever over the content of such sites. In other instances, including, but not limited to, web pages hosted on N1M or provided to N1M by third parties, N1M may set guidelines for what may appear on such web pages and may engage in certain screening, but generally exercises no control over the content of such web pages and is unable to police all such content. Third party content accessible through N1M from such sources is developed by people over whom N1M exercises no control. Similarly, content hosted by N1M which is posted by third parties, and, with the exception of certain random screening functions, N1M cannot and does not screen such web pages before they are made accessible to other users of N1M. Accordingly, neither N1M nor its licensors assume any responsibility for the content of any site linked to the N1M web site or in any web page hosted for a third party within N1M web site. In instances where N1M does review the sites that are displayed in directories, indices, and/or references, or where N1M makes available directories, indices, and/or references of sites compiled by third parties, the content located at such sites was developed third parties, and review of such sites by N1M, if any, is narrowly limited to that which is necessary for compiling the particular set of links.

13. STORAGE

Many features of N1M store information on behalf of Listeners. Examples include, but are not limited to chat, Profiles and postings. N1M reserves the right, in its sole discretion, to limit the amount of storage space available per user or to delete materials stored for an excessive period while the Listener's account has been inactive.

14. ADVERTISERS AND CONTENT LINKED TO THE N1M NETWORK

N1M and the N1M Companies may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave N1M to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology. N1M and the N1M Companies have no control over such sites and resources. You acknowledge and agree that N1M and the N1M Companies are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that N1M and the N1M Companies shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the N1M Products and Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that N1M and the N1M Companies 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 advertisers on the Product and Services.

15. NO LICENSE; INTELLECTUAL PROPERTY OF N1M AND OTHERS

Except as expressly provided, nothing within any of the Products and Services shall be construed as conferring any license under any of N1M's or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate N1M and the Products and Services is protected by copyright, trademark, patent, or other proprietary rights of N1M and its affiliates, licensors (including, without limitation, Artists), and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by N1M in connection with the Products and Services. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by N1M, any of N1M Inc's affiliates, or any of N1M's service providers. You agree not to use any of the trademarks or service marks or other Content accessible through N1M for any purpose other than the purpose for which such Content is made available to users by N1M. You agree not to defame or disparage N1M and the N1M Companies, the trademarks or service marks of N1M, or any aspect of the Products and Services. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the Products and Services or any software or programs used in connection with the Products and Services or N1M.

16. LINKING TO N1M; USE OF LOGO

N1M offers a non-assignable, non-transferable, and non-exclusive license to link to N1M web sites, using N1M logos, subject to the following provisions. N1M logos may be placed on a Web site for the sole purpose of creating a link to N1M and allowing users of your site to access the Products and Services on N1M. N1M logos and may not be used for any other purpose, including, among other purposes, to suggest sponsorship by, or affiliation with, or endorsement by N1M. N1M logos may only be used in accordance with the N1M Trademark Usage Guidelines and the instructions found here, and may only be used in the exact size, shape, colors, design, and configuration as found on such web page. N1M logos may not be altered in any manner. N1M logos must appear by themselves, with reasonable spacing (at least the height of the logo) between each side of the applicable logo and other graphic or textual elements. N1M logos may not be used to disparage N1M, its products or services, or in a manner which, in N1M's reasonable judgment, may diminish or otherwise damage N1M's good will in N1M logos. By using any such N1M Network logo, you acknowledge that N1M has exclusive rights to the logo, and that all good will generated through your use of the logo will inure to the benefit of N1M. If you use N1M logos, you must include appropriate attribution, for example: "N1M® is a registered trademark of N1M" N1M reserves the right to revoke this license or to alter its terms from time to time, for any or no reason, with or without notice. N1M reserves the right to take action against any use that does not conform to these provisions.

17. INDEMNITY AND RELEASE

By using the N1M web site you agree to indemnify N1M, the N1M Companies, and their officers, employees, and licensors, and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the N1M web site, your use of the Products and Services, or your submission of ideas and/or related materials to N1M or from any person's use of any account or password you maintain with N1M, regardless of whether such use is authorized by you. By using N1M, using the Products and Services, or submitting any ideas and/or related materials to N1M, you are hereby agreeing to release N1M and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to N1M.

18. LIMITATION OF ACTIONS

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of N1M or the Products and Services must be filed within one (1) year after such claim or cause of action arises, or forever be barred.

19. COPYRIGHT, TRADEMARK, AND PATENT NOTICES

All other marks that appear throughout the Products and Services belong to N1M, the Artists featured on N1M, or the respective owners of such marks, and are protected by U.S. and international copyright and trademark laws. Any use of any of the marks appearing throughout the Products and Services without the express written consent of N1M. or the owner of the mark, as appropriate, is strictly prohibited. N1M and the N1M Companies may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave N1M to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology. N1M and the N1M Companies have no control over such sites and resources. You acknowledge and agree that N1M and the N1M Companies are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that N1M and the N1M Companies shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

20. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS

It is the policy of N1M to respond expeditiously to claims of intellectual property infringement. N1M will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, N1M will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. N1M will terminate access for Listeners or Artists who are repeat infringers. Notices of claimed infringement should be directed to:

N1M
Email: legal[at]N1M[dot]com
Please put "Notice of Infringement" in the subject line of all such notifications. When N1M removes or disables access to any material claimed to be infringing, N1M may attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification, although N1M makes no promise to do so. Any and all counter notifications submitted by the user will be furnished to the complaining party. N1M will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before N1M eplaces or restores access to any material as a result of any counter notification.

21. CHANGES IN TERMS AND CONDITIONS AND CHANGES IN PRODUCTS AND SERVICES

N1M reserves the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services. N1M reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes.

22. MERGER

These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter contained herein and supersede any other agreements, proposals and communications, written or oral, between N1M's representations and you with respect to the subject matter hereof; except that any other terms and conditions located on any individual N1M web site or in connection with the Products and Services are incorporated herein by reference to the extent they do not conflict with these Terms and Conditions. To the extent that any other terms and conditions or terms of service conflict with these Terms and Conditions, those other provisions shall control with respect to the use of the particular web site and any Products or Services available on or through the web site or the respective Product or Service at which those other provisions may be found.

23. NON-WAIVER AND SEPARABILITY

N1M's failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms and Conditions to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of these Terms and Conditions remain in full force and effect.

24. RELATIONSHIP OF PARTIES

You acknowledge and agree that you and N1M are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.

25. NO RESALE, ASSIGNMENT, OR SUBLICENSING

You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without prior express written authorization of N1M.

26. SUCCESSORS AND ASSIGNS

Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.

27. TERMINATION; SURVIVAL

These Terms and Conditions shall continue in effect for as long as you use the Products and Services, unless specifically terminated earlier by N1M. All provisions of these Terms and Conditions which impose obligations continuing in their nature shall survive termination of these Terms and Conditions.

28. COMMUNICATIONS WITH USERS

You consent to receive communications from N1M concerning your use of the Products and Services ("Communications"). The Communications may be those that N1M is required to send to you by law concerning the Products and Services ("Required Communications"). The Communications may also be those that N1M sends to you for other reasons. You consent to receive Communications electronically. N1M may provide these Communications to you by sending an email to the email address you provided in connection with your account or by posting the Communication on N1M. You also consent to receive Communications by telephone or by postal mail sent to the postal address you provided in connection with your account. You may change the email or postal address to which N1M sends Communications by visiting your account information page.

In order to receive Required Communications, you must provide N1M, upon registration with N1M, a valid email address to which N1M may send electronic mail. Your computer must also have a modem or other means of Internet access, an Internet browser such as Internet Explorer version 5.x or above or Netscape Navigator version 6.x or above, email communications software capable of receiving and storing electronic mail, and a printer, if you wish, for printing electronic communications. N1M will provide notice of any changes to these requirements.

29. SUBMISSIONS OF IDEAS

N1M is always improving its Products and Services and developing new features. If you have ideas regarding improvements or additions to N1M, we would like to hear them -- but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO N1M BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO N1M, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO N1M THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT N1M IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY N1M, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.

30. EXPORT CONTROLS

Certain software, and related documentation or technical information, available through N1M is subject to applicable laws and regulations of the United States pertaining to export controls. By using such software or related documentation or technical information, you represent and warrant that you are not located in, or under the control of, or a national or resident of any embargoed country or any country on the U.S. Department of Commerce's Table of Denial Orders. You agree not to export or re-export such software or related documentation or technical information directly or indirectly to any countries that are subject to United States export restrictions.

31. VIOLATIONS OF TERMS AND CONDITIONS

Should you violate these Terms and Conditions or any other rights of N1M and the N1M Companies, N1M and the N1M Companies reserve the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all of the N1M web sites.

If you are aware of any violations of these Terms and Conditions, please report them to:

N1M Abuse Manager
Email: legal[at]N1M[dot]com
Please read the entire Terms and Conditions, as all N1M properties, Products and Services are offered subject to these Terms and Conditions.

We hope your enjoyment of N1M's Products and Services will be enhanced by the application of these Terms and Conditions. It is our belief that your understanding of the guidelines we have set forth will allow the N1M community to continue to be a place where each of us can prosper, grow, and enjoy ourselves within an open and non-threatening environment. Thank you for taking the time to read these Terms and Conditions and we hope you enjoy our Products and Services.

Last updated August, 2014

Privacy Policy

Welcome to N1M, owned, produced and operated by N1M ("Company") and, potentially, in part or in whole, by its parents, subsidiary and affiliate corporations, successors, and assigns (collectively referred to as "Companies"). Unless explicitly stated otherwise, any current, updated and new products and services ("Products and Services"), including the addition of new properties shall be subject to this Privacy Policy, as well as the General Terms and Conditions of Use ("Terms and Conditions"). By using N1M you agree to be bound by this Privacy Policy and the Terms and Conditions, whether or not you register as a listener ("Listener"). Please read this Privacy Policy carefully.

N1M is a music-oriented content and information website that provides a service to musical artists and to record companies on behalf of musical artists (each an "Artist" and collectively "Artists") to post information regarding themselves as well as musical content owned and/or created by them. N1M members can view each others' profiles ("Profiles"), communicate with each other, share photos, post journals and comments, and describe their interests. Registered Listeners can change their Profile information at any time and can control how other Listeners and the service communicates with them. Listeners and Artists are sometimes referred to hereinafter individually and collectively as "Users."

N1M cares about online privacy. If you have any questions concerning this privacy policy, please email us at legal[at]N1M[dot]com.

INFORMATION COLLECTION AND USE BY N1M

N1M collects User submitted personal information such as name, mailing address, email address, telephone number and age to authenticate Users, and to send notifications to those Users relating to, without limitation, the N1M service, special events, contests and special offers.

As is standard practice on many corporate websites, N1M also logs non-personally-identifiable information including IP address, profile information, aggregate user data, and browser type, from Listeners and other visitors to the site. This data is used to improve the website services, to analyze trends, to administer the site, to track users' movements around the site and to gather demographic information about our user base as a whole. N1M will not use the information collected to market directly to that person. This non-personally-identifiable information may be shared with third-parties to provide more relevant services and advertisements to Listeners. User IP addresses are recorded for security and monitoring purposes.

In addition N1M uses pixel tags — tiny graphic images — to tell us what parts of our website have been visited or to measure the effectiveness of searches customers perform on our site. Pixel tags also enable us to send email messages in a format customers can read. And they tell us whether emails have been opened to assure that we're only sending messages that are of interest to our customers. N1M stores all of this information in a secure database.

Listener Profile information including Listeners' pictures and first names is displayed to people in order to facilitate user interaction in the N1M social networking community. Listeners' full names are never directly revealed to other Listeners.

N1M may also use a Listener's email address to send updates, a newsletter or news regarding the service. N1M may send email messages which use a "click-through URL" linked to content on the N1M website. When a customer clicks one of these URLs, they pass through our web server before arriving at the destination web page. N1M tracks this click-through data to help determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked simply avoid clicking text or graphic links in the email.

From time to time, N1M or a partner may sponsor a promotion, sweepstake or contest on N1M. Listeners may be asked to provide personal information including name, email address or home address or to answer questions in order to participate. N1M may transfer personal information to certain ad partners that you have explicitly requested to receive information from. It will be clear at the point of collection who is collecting the personal information and whose privacy statement will apply.

N1M may also collect information for market research purposes to gain a better understanding of our customers and thus provide more valuable service. N1M also collects information regarding customer activities on our website, and on related websites. This helps us to determine how best to provide useful information to customers and to understand which parts of our websites and Internet services are of most interest to them.

USE OF COOKIES

N1M uses cookies to store visitors' preferences and to record session information, for purposes including ensuring that visitors are not repeatedly offered the same advertisements, to customize newsletter, advertising, and Web page content based on browser type and user profile information, to help track usage to help us understand which parts of our website are the most popular, where our visitors are going, and how much time they spend there. to make usage of our website even more rewarding as well as to study the effectiveness of our customer communications and to customize each visitor's experience and provide greater convenience.

N1M does not link the information we store in cookies to any personally identifiable information you submit while on our site. You may be able to configure your browser to accept or reject all or some cookies, or notify you when a cookie is set -- each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences -- however, you must enable cookies from N1M in order to use most functions on the site. Please note that N1M allows third party advertisers that are presenting advertisements on some of our pages to set and access their cookies on your computer. Advertisers' use of cookies is subject to their own privacy policies, not the N1M Privacy Policy.

LINKS

N1M contains links to third party websites. N1M is not responsible for the privacy policies and/or practices on other sites. When linking to another site, a user should read the privacy policy stated on that site. Our privacy policy only governs information collected on N1M.

PROFILES, E-NEWSLETTER AND BULLETIN BOARDS

Please be aware that whenever you voluntarily post public information to Profiles, E-newsletter or any other Bulletin Board, that information can be accessed by the public and can in turn be used by those people to send you unsolicited communications. Company and the Companies are not responsible for the personally identifiable information you choose to submit on N1M. Please think before you post any personal information online.

CORRECTING/UPDATING OR REMOVING INFORMATION

N1M Artists and Listeners may modify or remove any of the personal information contained in their Profile at any time by logging into their account and accessing features such as Edit Profile and Account Info.

EMAIL CHOICE / OPT OUT

Listeners and Artists who no longer wish to receive updates or notifications may choose not to by opting-out. To opt-out, simply log-in to your Artist or Listener Account, Main section. All notification emails and N1M newsletters also include the above instructions for opting-out of those communications in the future.

THIRD PARTY ADVERTISING

Ads appearing on N1M may be delivered to Artists and Listeners by N1M or one of our web advertising partners. Our web advertising partners may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement. In this way, ad servers may compile information about where you, or others who are using your computer, saw their advertisements and determine which ads are clicked on. This information allows an ad network to deliver targeted advertisements that they believe will be of most interest to you. This privacy statement covers only the use of cookies by N1M and does not cover the use of cookies by any third party advertisers.

SECURITY

N1M Listener and Artist accounts are secured by Listener-created and Artist-created (as applicable) passwords. N1M takes precautions to insure that account information is kept private. N1M uses reasonable measures such as encryption to protect private information that is stored within our database against loss, theft, and misuse, as well as unauthorized access, disclosure, alteration, and destruction, and we restrict access to such private information to those employees who need access to perform their job functions, such as our customer service personnel and technical staff. Please note that N1M cannot guarantee the security of Listener or Artist account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of member information at any time. Users are urged to also take precautions to protect their personal data by changing passwords often using a combination of letters and numbers, and using a secure web browser. For any additional information about the security measures N1M uses on our website, please contact us at legal[at]N1M[dot]com.

SHARING AND DISCLOSURE OF INFORMATION N1M COLLECTS

Except as otherwise described in this Privacy Policy, N1M will not disclose personal information to any third party unless believe that disclosure is necessary: (1) to conform to legal requirements or to respond to a subpoena, search warrant or other legal process received by N1M, whether or not a response is required by applicable law; (2) to enforce the N1M Terms and Conditions or to protect our rights; or (3) to protect the safety of members of the public and Listeners of the service. N1M reserves the right to transfer personal information to a successor in interest that acquires rights to that information as a result of the sale of N1M or substantially all of its assets to that successor in interest. For more information, see the "Changes in Our Privacy Policy" section below. N1M takes your privacy very seriously. N1M does not sell or rent your contact information to other marketers. To help us provide superior service, your personal information may be shared with the Company Entities who will safeguard it in accordance with N1M's privacy policy. There are also times when it may be advantageous for N1M to make certain personal information about you available to companies that N1M has a strategic relationship with or that perform work for N1M to provide products and services to you on our behalf. These companies may help us process information, deliver products to you, manage and enhance customer data, provide customer service, assess your interest in our products and services, or conduct customer research or satisfaction surveys. These companies are also obligated to protect your personal information in accordance with N1M's policies. Without such information being made available, it would be difficult for you to purchase products, have products delivered to you, receive customer service, provide us feedback to improve our products and services, or access certain services, offers, and content on the N1M website.

PRIVACY OF CHILDREN

None of the Company sites are directed to children under the age of 13. We operate our network of sites in compliance with the Children's Online Privacy Protection Act of 1998, and do not permit registration by, and will not knowingly collect or use personally identifiable information from, anyone under 13 years of age. This requirement is clearly posted during the registration process.

CHANGES IN OUR PRIVACY POLICY

From time to time N1M may make changes to our Privacy Policy. If we make changes, we will post them on our site to make Listeners and Artists aware of what the changes are so Users will always be aware of what information we collect, how we use it, and when we may disclose it. A User is bound by any minor changes to the Privacy Policy when she or he uses the site after those changes have been posted If, however, we are going to use Artists/Listeners' personally identifiable information in a manner materially different from that stated at the time of collection we will notify by posting a notice on N1M for 30 days.

CONTACTING THE WEB SITE

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at: legal[at]N1M[dot]com

Last updated August, 2014

Copyright Policy

In order to make it possible for N1M.com [N1M] to provide the Products and Services, you hereby grant N1M a limited, non-exclusive, worldwide, royalty-free license to use, reproduce, modify (for example, re-sizing of photos and/or encoding of audio or video files), transmit, publicly display, publicly perform and distribute any Content posted by you on or through N1M, to publish and promote such Content in connection with the particular Products and Services, to publish and promote such Content on any other N1M website through links to N1M, and to sublicense such rights solely as necessary to provide the Products and Services. The license shall terminate at such time as you remove your Content from N1M

INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS

Last updated August, 2014

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