TERMS OF USE

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Welcome to the Terms of Use for popkome.com. Users of our website(“Site”) are provided with a wide variety of information andservices, including search capabilities, access to articles and music reviews,the ability to submit comments and user generated content onto the site, andexclusive information about new music releases and products. By using our Site,you are agreeing to comply with and be bound by the following terms of use.Please review the following terms carefully. If you do not agree to theseterms, you should not use this Site.

We reserve the right to modify this Agreement at any time, and withoutprior notice, by posting amended terms on this Site. Your continued use of the popkomeService indicates your acceptance of the amended Terms of Use.

The term “popkome” or “us” or “we” refers tothe owner of the Site, popkome, Inc. The term “you” refers to theuser or viewer of our Site.

Limitations of Use

Your license for access and use of the popkome Site and any information,materials and documents therein are subject to the following restrictions andprohibitions on use: a)You may not copy, reproduce, distribute, republish,display, post, or transmit any material contained on the Site in any form or byany means, including, but not limited to, electronic, mechanical, photocopying,recording, or otherwise, without the express prior written consent of popkome;b) You may not use the Site or any materials obtained from the Site to develop,or as a component of, any information, storage and retrieval system, database,information base, or similar resource (in any media now existing or hereafterdeveloped), that is offered for commercial distribution of any kind, includingthrough sale, lease, license, rental, subscription, or any other commercialdistribution mechanism. You also may not “mirror” any materialcontained on the Site on any other server. Any unauthorized use of any contenton this Site may violate copyright laws, trademark laws, the laws of privacyand publicity, and communications statutes and regulations. Elements of thewebsite that are licensed by popkome are subject to the same conditions.

Access to Service

Use of manual or automated software, devices, or other processes to”crawl” or “spider” any web pages contained in the Site isstrictly prohibited. You agree not to monitor or copy, or allow others tomonitor or copy, our web pages or the content included herein. You also agreenot to “frame” or otherwise simulate the appearance or function ofthis Site. Furthermore, you agree not to take any action that interferes withthe proper working of or places an unreasonable load on our infrastructure,including but not limited to unsolicited communications, attempts to gainunauthorized access, or transmission or activation of computer viruses.

Links to Third Party Sites

The Site may contain links to web sites controlled, owned, and operated bythird parties (the “third-party sites”). popkome cannot control andhas no responsibility for the accuracy or availability of information providedon the third-party sites. You acknowledge that use of any third-party sites isgoverned by the terms of use for those websites, and not by this Agreement.Links to third-party sites do not constitute an endorsement or recommendationby popkome of such sites or the content, products, advertising or othermaterials presented on such sites, but are only for your convenience and youaccess them at your own risk. Such third-party sites may have a privacy policydifferent from that of popkome and the third-party site may provide lesssecurity than this Site. We are not responsible for the content of anythird-party web sites, nor do we make any warranties or representations,express or implied, regarding the content (or the accuracy of such content) onany third-party web sites, and popkome shall have no liability of any naturewhatsoever for any failure of products or services offered or advertised atsuch sites or otherwise.

User Comments and Reviews

For clarity, you retain all of your ownership rights in and to yourSubmissions. However, by submitting comments, music reviews, ratings or othercontent to popkome through this Site (collectively, “Submissions”),you are also granting to popkome a non-exclusive, royalty-free, worldwidelicense to use, display, reproduce, sublicense, transfer, modify and publish allor any portion of such Submissions in connection with the Site. popkome shallnot be subject to any obligations of confidentiality regarding Submissionsexcept as expressly agreed by popkome or as otherwise required by applicablelaw. Nothing herein contained shall be construed as limiting popkome’sresponsibilities and obligations under its Privacy Policy.

You may delete all or any part of your Submissions at any time using thetools provided by popkome and the license granted to popkome shall terminate uponyour deletion of such Submissions from the Site.

Indemnification

By accepting the Terms of Use, you agree to indemnify and otherwise holdharmless popkome, Inc., its officers, employees, agents, subsidiaries,affiliates and other partners from any direct, indirect, incidental, special,consequential or exemplary damages resulting from your use of the popkome Site.

Termination

You agree that popkome may, with or without cause, immediately terminateyour popkome account and access to the popkome Service without prior notice.Without limiting the foregoing, the following will lead to a termination by popkomeof a user’s use of the popkome Service (a) breaches or violations of this Termsof Use or other incorporated agreements or guidelines, (b) requests by lawenforcement or other government agencies, (c) a request by you (self-initiatedaccount deletions), (d) unexpected technical issues or problems. Termination ofyour popkome account includes removal of access to all offerings within the popkomeService and may also bar you from further use of the popkome Service.Furthermore, you agree that all terminations shall be made in popkome’s solediscretion and that popkome shall not be liable to you nor any third-party forany termination of your account or access to the popkome Service.

You further agree that you will not: (i) submit material that iscopyrighted, protected by trade secret or otherwise subject to third partyproprietary rights, including privacy and publicity rights, unless you are theowner of such rights or have permission from their rightful owner to post thematerial and to grant popkome all of the license rights granted herein; (ii)submit material that is unlawful, obscene, defamatory, libelous, threatening,pornographic, harassing, hateful, racially or ethnically offensive, orencourages conduct that would be considered a criminal offense, give rise tocivil liability, violate any law, or is otherwise inappropriate; (iii) postadvertisements or solicitations of business: (iv) impersonate another person.

Copyright Complaints

We respect the intellectual property rights of others and we prohibitusers from uploading, posting or otherwise transmitting on the Site or inconnection with the popkome Service any materials that violate another party’sintellectual property rights. When we receive proper Notification of AllegedCopyright Infringement as described in the popkome Copyright Policy, wepromptly remove or disable access to the allegedly infringing material andterminate the accounts of repeat infringement offenders as described herein inaccordance with the Digital Millennium Copyright Act. If you believe that anymaterial on the Site infringes upon any copyright which you own or control, youmay send a written notification of such infringement to our Designated Agent.Please see the popkome Copyright Policy for more information on how to reportinfringement of your copyright.

Repeat Infringement Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and otherapplicable law, Company has adopted a policy of terminating, in appropriatecircumstances and at Company’s sole discretion, members who are deemed to berepeat infringement offenders. Company may also at its sole discretion limitaccess to the Site and/or terminate the memberships of any users who infringe anyintellectual property rights of others, whether or not there is any repeatinfringement.

Prohibited Content

Our goal is to promote user generated content on the popkome Site relatingto popkome articles, music reviews, and other interests of the popkomecommunity while maintaining high standards of respect and decency. In order toattain this goal, and in addition to the other content and/or actionrestrictions set forth in these Terms of Use, the following content isprohibited on the popkome site:

  • Content that has as its sole or primary purpose to advertise a particular product or service that, in the sole judgment of popkome, does not otherwise have redeeming value to the community. popkome may allow the uploading of some such content for a fee, at its sole discretion. Such advertising content may be treated differently than other content (i.e. through indications that it is an advertisement, or exclusion from some indices or searches).
  • Content involving nudity, including but not limited to, nudity or partial nudity of children of any age.
  • Content that exploits children or minors or that discloses any personally identifying information beyond a first name about persons under the age of 18.
  • Content that disseminates personal information about another individual for malevolent purposes, including libel, slander, defamation or harassment.
  • Content that is or may be deemed to be grossly offensive to the online community, including but not limited to, blatant expressions of bigotry, prejudice, racism, hatred and profanity.
  • Content promoting or providing instructional information about illegal activities.
  • Content depicting cruelty to animals.
  • Content intended to abuse, harass, stalk, threaten or otherwise violate the legal rights of others (such as the rights of privacy and publicity).
  • Content that violates any applicable laws or regulations not specifically referenced herein.

Partnership Link Policy

By claiming your business information on popkome and entering into a”Partnership” with popkome, you agree to link to popkome from atleast one location on your site. popkome will provide “badges” tofacilitate this linking but a text link to anywhere on popkome will fulfillthis requirement. popkome may at times check to make sure your site is incompliance with this requirement or request you to provide the location of thelink to popkome on your site. Failure to comply may result in your businessbeing removed from popkome.

Disclaimer of warranties

None of popkome, any of its affiliates, providers or their respectiveofficers, directors, employees, agents, independent contractors or licensors(collectively the “popkome parties”) guarantees the accuracy,adequacy, timeliness, reliability, completeness, or usefulness of any of thecontent and popkome disclaims liability for errors or omissions in the content.

This site and all of the content is provided “as is” and”as available,” without any warranty, either express or implied,including the implied warranties of merchantability, fitness for a particularpurpose, non-infringement or title. Additionally, there are no warranties as tothe results of your use of the content. popkome parties do not warrant that thesite is free of viruses or other harmful components. This does not affect thosewarranties which are incapable of exclusion, restriction or modification underthe laws applicable to this agreement.

popkome may discontinue or make changes in the content and site at anytime without prior notice to you and without any liability to you. Any datedinformation is published as of its date only, and popkome parties do notundertake any obligation or responsibility to update or amend any suchinformation. popkome reserves the right to terminate any or all site offeringsor transmissions without prior notice to you. This site could contain technicalinaccuracies or tyopographical errors. Use of this site is at your own risk.

Limitation of liability

Under no circumstances will popkome parties be liable for any damagesincluding general, special, direct, indirect, incidental, consequential,punitive or any other damages of any kind whether in an action in contract ornegligence arising or relating in any way to the use or inability to use by anyparty of the content, the site or any third-party site to which this site islinked, or in connection with any failure of performance, error, omission,interruption, defect, delay in operation or transmission, computer virus orline or system failure, even if popkome parties, or representatives thereof,are advised of the possibility of such damages, losses or expenses. popkome isnot liable for any defamatory, offensive or illegal conduct of any user. Yoursole remedy for dissatisfaction with this site is to stop using the site. Ifyour use of materials from this site results in the need for servicing, repairor correction of equipment or data, you assume any costs thereof. If theforegoing limitation is found to be invalid, you agree that popkome parties’total liability for all damages, losses, or causes of action of any kind ornature shall be limited to the greatest extent permitted by applicable law.

Also, this Site is offered only to users 13 years of age or older. If youare not yet 13 years old, please discontinue using this Site immediately. If,for any reason, you do not agree with all of the terms and conditions containedherein, please discontinue using the Site immediately.

Ownership of Intellectual Property

All Site software, design, text, images, music files, photographs,illustrations, audio and video material, artwork, graphic material, database,proprietary information and all copyrightable or otherwise legally protectedelements of the Website including, but without limitation to, the selection,sequence and “look and feel” and arrangement of items, (individuallyand/or collectively “Material”), are the property of popkome, itsaffiliates, licensors, artists, labels, clients, advertisers, sponsors, or suppliersand are legally protected, without limitation, under the U.S. federal and statelaws, as well as applicable foreign laws, regulations and treaties. Allrights in the album, artist, band and label names, company names, trade names,logos, product packaging and designs of popkome or third-party products orservices whether or not appearing in large print or with the trademark symbol,belong exclusively to popkome, as applicable, or their respective owners, andare protected from reproduction, imitation, dilution or confusing or misleadinguses under national and international trademark and copyright laws, asapplicable. The use or misuse of these trademarks or any Materials, except aspermitted herein, is expressly prohibited and nothing stated or implied on thisWebsite confers on you any license or right under any patent, copyright ortrademark of popkome or any third party. Decompiling, reverse engineering,disassembling or otherwise reducing the code used in any software on thisWebsite into a readable form in order to examine the construction of suchsoftware and/or to copy or create other products based (in whole or in part) onsuch software, is prohibited.