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Welcome To The HyperMusic.com Account Manager!

HyperMusic Delivers Independent Music... and FREE STUFF!

Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use (the “Terms of Use”) apply to the HyperMusic web site located at www.HyperMusic.com, and all associated sites linked to www.KineticMedia.com by KineticMedia, its subsidiaries and affiliates, including KineticMedia sites around the world (collectively, the “Site”). The Site is the property of Kinetic Media Group, Inc. (“KineticMedia”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

KineticMedia reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, KineticMedia grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to KineticMedia, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without KineticMedia’s express prior written consent.

You may use information on KineticMedia products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by KineticMedia for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. KineticMedia reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any KineticMedia server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of KineticMedia, including any KineticMedia account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, 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 the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or KineticMedia’s systems or networks, or any systems or networks connected to the Site or to KineticMedia.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to KineticMedia on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of KineticMedia or others.

Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

KineticMedia’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

KineticMedia may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and KineticMedia makes no commitment to update the materials on the Site with respect to such products and services.

The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference:
Trademark Information
Copyright Information
Rights and Permissions
Claims of Copyright Infringement
Piracy Prevention
Software Piracy
Software Asset Management
Report Piracy
KineticMedia's Unsolicited Idea Submission Policy
Software and Documentation Information
Feedback and Information
Warranties and Disclaimers
Legal Contacts

Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.

Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account (including setting up a HyperMusic ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify KineticMedia immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by KineticMedia or any other user of or visitor to the Site due to someone else using your HyperMusic ID, password or account.

You may not use anyone else’s HyperMusic ID, password or account at any time without the express permission and consent of the holder of that HyperMusic ID, password or account. KineticMedia cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy
KineticMedia’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view KineticMedia’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Sites and to the KineticMedia Site
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under KineticMedia’s control, and KineticMedia is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers
KineticMedia DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. KineticMedia CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. KineticMedia DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KineticMedia DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY KineticMedia SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST KineticMedia FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

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.

KineticMedia reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability
Except where prohibited by law, in no event will KineticMedia be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if KineticMedia has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, KineticMedia 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 the Site or any Content, KineticMedia’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against KineticMedia (but not including the purchase price for any KineticMedia hardware or software products or any KineticMediaCare or similar support program), or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity
You agree to indemnify and hold KineticMedia, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against KineticMedia by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use
KineticMedia 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 the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) KineticMedia’s rights or property, or the rights or property of visitors to or users of the Site, including KineticMedia’s customers. KineticMedia reserves the right at all times to disclose any information that KineticMedia deems necessary to comply with any applicable law, regulation, legal process or governmental request. KineticMedia also may disclose your information when KineticMedia determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

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

You agree that KineticMedia may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to KineticMedia, for which monetary damages would be inadequate, and you consent to KineticMedia obtaining any injunctive or equitable relief that KineticMedia deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies KineticMedia may have at law or in equity.

You agree that KineticMedia may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If KineticMedia does take any legal action against you as a result of your violation of these Terms of Use, KineticMedia 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 KineticMedia. You agree that KineticMedia will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Santa Clara County, California, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use 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. In the event of any controversy or dispute between KineticMedia and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited
KineticMedia administers and operates the www.KineticMedia.com Site from its location in Cupertino, California USA; other KineticMedia sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. KineticMedia 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. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use 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 of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and KineticMedia with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and KineticMedia with respect to such use are hereby superseded and cancelled. KineticMedia will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. KineticMedia’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by KineticMedia of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between KineticMedia and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Trademark Information
For a list of KineticMedia’s trademarks and service marks, refer to the KineticMedia Trademark List.

Use of the "keyboard" KineticMedia Logo (Option-Shift-K) for commercial purposes without the prior written consent of KineticMedia may constitute trademark infringement and unfair competition in violation of federal and state laws. Use of KineticMedia trademarks may be prohibited, unless expressly authorized. See KineticMedia Web Badges, Guidelines for Using KineticMedia Trademarks and Copyrights, and Software Licensing Programs for details.

For More Information

KineticMedia Trademark List
KineticMedia Web Badges
Guidelines for Using KineticMedia Trademarks and Copyrights
Software Licensing Programs
FileMaker Legal Information
NeXT Trademark List

Copyright Information
A copyright is a property right in an original work of authorship. Copyright is recognized in most countries of the world by statutory copyright laws.

Copyright exists in the expression of an idea, but not the idea itself. Copyrightable expressions can take many forms but are usually categorized as literary, musical, dramatic, pantomime and choreography, pictorial, graphic, sculptural, computer programs, motion pictures, and sound recordings.

To obtain permission to use KineticMedia copyrighted materials, please refer to Rights and Permissions below.

To report claims of copyright infringement, please refer to Claims of Copyright Infringement.

Rights and Permissions
If you have any questions concerning the usage or licensing of KineticMedia copyrighted materials, for example, photographs, video footage, KineticMedia advertisements or other KineticMedia materials, please submit your detailed request in writing. Please be sure to include any surrounding copy or text to the KineticMedia material.

Requests may be emailed to copyright@KineticMedia.com, faxed to Rights and Permissions at 408.253.0186, or mailed to Kinetic Media Group, Inc., Attention: Rights and Permissions, 308 Hickory Club Drive, Antioch, TN 37013. The Rights and Permissions telephone hotline number is 615-426-0264.

Piracy Prevention
KineticMedia actively and aggressively enforces its intellectual property rights to the fullest extent of the law. KineticMedia works closely with the Software Publishers Association (SPA) and the Business Software Alliance (BSA) to combat software piracy worldwide.

Software Piracy
Software piracy (the illegal copying of software programs) is a worldwide problem--more than $11 billion is lost to piracy every year! Because software is valuable, and it is easy to create an exact copy of a program from a single computer, software piracy is widespread.

The illegal copying of software programs is a crime! In the United States and many other countries, copyright law provides for severe civil and criminal penalties for the unauthorized reproduction or distribution of copyrighted material. Copyrighted material includes, but is not limited to, computer programs and accompanying sounds, images and text. Under U.S. law, infringement may result in civil damages of up to $150,000 and/or criminal penalties of up to five years imprisonment and/or a $250,000 fine.

Please join KineticMedia in its piracy prevention efforts. You can report incidents of software piracy from this site at Report Piracy. Also, you can help your business avoid serious problems with sound software asset management practices as explained in the section below.

If you have any questions, please feel free to contact us at piracy@KineticMedia.com.

Software Asset Management
It is important to manage software well, just as you would any other valuable company asset, in order to avoid serious problems. KineticMedia aggressively enforces our company's proprietary rights under the U.S. copyright laws, but we know that poor software asset management often keeps people from complying with the law.

For more information and tools to help your business by practicing sound software asset management practices, please refer to the BSA Web site (http://www.bsa.org) for further guidance and information.

Report Piracy
United States
To report suspected piracy of KineticMedia software in the U.S., please contact KineticMedia at piracy@KineticMedia.com.

You may also report suspected piracy of KineticMedia software in the U.S. to the Business Software Alliance (BSA). Visit BSA's Web site at http://www.bsa.org.

Canada and International
To report software piracy outside of the U.S., please contact the Business Software Alliance (BSA) and report online from BSA's web site located at http://www.bsa.org. KineticMedia is a worldwide member of the BSA.

Internet Piracy
To report any site illegally distributing KineticMedia software, please contact KineticMedia directly at piracy@KineticMedia.com.

KineticMedia's Unsolicited Idea Submission Policy
KineticMedia or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies,product enhancements, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, suggestions or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when KineticMedia's products or marketing strategies might seem similar to ideas submitted to KineticMedia. So, please do not send your unsolicited ideas to KineticMedia or anyone at KineticMedia. If, despite our request that you not send us your ideas, you still send them, then regardless of what your letter says, the following terms shall apply to your idea submission.

TERMS OF IDEA SUBMISSION
You agree that: (1) your ideas will automatically become the property of KineticMedia, without compensation to you, and (2) KineticMedia can use the ideas for any purpose and in any way, even give them to others.

PRODUCT FEEDBACK
KineticMedia does, however, welcome your feedback regarding many areas of KineticMedia's existing business. If you want to send us your feedback, and we hope you do, we simply request that you send it to us using the form found at http://www.KineticMedia.com/contact, or you can choose from the many other listed areas for your feedback. Please provide only specific feedback on KineticMedia's existing products or marketing strategies; do not include any ideas that KineticMedia's policy will not permit it to accept or consider. It's just one more way that KineticMedia can learn how to best satisfy your needs.

Software and Documentation Information
Software
Use of the software from this site is subject to the software license terms set forth in an Kinetic Media Group, Inc. Software License. The software license agreement is available for review whenever software is downloaded at this site.

Documentation
Any person is hereby authorized to: a) store documentation on a single computer for personal use only and b) print copies of documentation for personal use provided that the documentation contains KineticMedia’s copyright notice.

Third Party Companies and Products
Mention of third-party products, companies and web sites on the KineticMedia web site is for informational purposes only and constitutes neither an endorsement nor a recommendation. KineticMedia assumes no responsibility with regard to the selection, performance or use of these products or vendors. KineticMedia provides this only as a convenience to our users. KineticMedia has not tested any software found on these sites and makes no representations regarding the quality, safety, or suitability of any software found there. There are dangers inherent in the use of any software found on the Internet, and KineticMedia assumes no responsibility with regard to the performance or use of these products. Make sure that you completely understand the risks before retrieving any software on the Internet. All third party products must be ordered directly from the vendor, and all licenses and warranties, if any, take place between you and the vendor.

Links to Other Web Sites
KineticMedia makes no representation whatsoever regarding the content of any other web sites which you may access from the KineticMedia web site. When you access a non-KineticMedia web site, please understand that it is independent from KineticMedia and that KineticMedia has no control over the content on that web site. A link to a non-KineticMedia web site does not mean that KineticMedia endorses or accepts any responsibility for the content or use of such web site.

Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. KineticMedia shall be free to use such information on an unrestricted basis.

Warranties and Disclaimers
Kinetic Media Group, Inc. intends for the information and data contained in the KineticMedia web site to be accurate and reliable, however, since the information and data have been compiled by KineticMedia from a variety of sources, it is provided "as is." KineticMedia EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE KineticMedia WEB SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT.

KineticMedia provides access to KineticMedia international data and, therefore, may contain references or cross references to KineticMedia products, programs and services that are not announced in your country. Such reference does not imply that KineticMedia in your country intends to announce such products, programs or services.

Legal Contacts
Trademark:
If you have any questions concerning the usage or licensing of KineticMedia trademarks, contact the Trademark department by email at trademarks@KineticMedia.com or by phone at 615-426-0264.

Patent:
If you have any questions concerning licensing of KineticMedia patents, contact the Patent department by email at iplaw@KineticMedia.com.

Copyright:
If you have any questions concerning the usage or licensing of KineticMedia copyrighted materials, contact the Rights and Permissions/Copyright department by email at copyright@KineticMedia.com or by phone at 615-426-0264.

Claims of Copyright Infringement:
Kinetic Media Group, Inc. is registered with the United States Copyright Office as a Service Provider (refer to the Digital Millennium Copyright Act 17 USC 512). Notifications of claimed copyright infringement should be submitted to KineticMedia's Copyright Agent.

Piracy Prevention:
For more information regarding software piracy, software asset management or to report suspected piracy of KineticMedia software, contact the Piracy Prevention/copyright department at piracy@KineticMedia.com.

The information contained in this web site is subject to change without notice.
Copyright © 1997-2003 Kinetic Media Group, Inc. All rights reserved.
Kinetic Media Group, Inc., USA.

Updated by The KineticMedia Legal Team on 6/27/03

Effective June 2003