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WEB SITE TERMS OF AGREEMENT
PLEASE READ CAREFULLY. THIS TERMS OF USE AGREEMENT IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU ("YOU" AND "YOUR") AND CHONDO INC. ("CHONDO," "WE," "US," OR "OUR").  YOUR ACCESS AND USE OF THE CHONDO WEB SITE (THE "SITE") AND THE CONTENT, INFORMATION OR DATA OF ANY KIND AVAILABLE ON OR THROUGH THE SITE (THE "CONTENT") IS SUBJECT TO YOUR AGREEMENT TO AND COMPLIANCE WITH THESE TERMS AND CONDITIONS (THE "TERMS"), IN ADDITION TO AND NOT IN LIMITATION OF THE PROVISIONS OF ANY OTHER AGREEMENT YOU HAVE OR MAY ENTER INTO WITH CHONDO.  BY ACCESSING OR USING THE SITE, YOU ARE INDICATING THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND CONSENT TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS.  IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT USE THE SITE.  CHONDO MAY MODIFY THESE TERMS FROM TIME TO TIME, EFFECTIVE UPON POSTING TO THE SITE, AS PROVIDED IN THESE TERMS BELOW.  YOUR CONTINUED ACCESS OR USE OF THE SITE CONSTITUTES ACCEPTANCE OF SUCH MODIFICATIONS.

1.  PRIVACY
Chondo respects the privacy of visitors to the Site. Please review our Privacy Policy for more information. The Privacy Policy, as amended from time to time, is incorporated herein as part of these Terms.

The Site is not directed at children under age 13.  Chondo values the privacy and safety of children who may visit the Site, and will not knowingly collect personally-identifiable information from any child under the age of 13.

2.  GRANT OF LICENSE
Chondo provides a recordingc download service ("Recording Download Service") to Users.

The Recording Download Service lets you purchase and download to your computer individual sound recordings ("Recordings") solely for your personal, noncommercial use.  You may play Recordings  on your computer or you may transfer Recordings to compatible devices and/or "burn" Recordings to recordable compact discs.  This Agreement hereby grants to you a limited, non-exclusive, non-transferable, non-sublicenseable license to access and use the Site and the Content on any computer solely for your personal, noncommercial use and subject to the following terms:

You may not: (a) frame or link to the Site or the Content except as expressly permitted in writing by Chondo; (b) permit or facilitate other individuals to access or use the Content or Site; (c) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works of the Site, the Content or any portion thereof; (d) copy, distribute, transmit or modify the Content or any other property of Chondo, whether electronic, hard copy or in any other media now known or hereafter discovered; the Site, Content or any portion thereof; (e) sell, rent, lease, transfer, distribute, broadcast, display or otherwise assign any rights to the Site or Content to any third party; (f) remove or modify any proprietary notices or labels on or in the Site or Content; (g) use any device or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction; (h) use the Site or Content for any commercial or illegal purpose; (i) invade the privacy of, or obtain personal information about, any Chondo account holder or visitor to the Site, or obtain a list of account holders or users; (j) copy, modify, erase or damage any information contained on computer servers used or controlled by Chondo or any third party used in connection with the Site or Content or the services provided through or in connection with the Site; (k) violate any legal right of any third party, including any publicity or privacy right, copyright or other intellectual property right, or to take any action that is harassing, libelous, defamatory, abusive, tortious, threatening, harmful or otherwise objectionable; or use any data mining, robots, or similar data gathering and or extraction tools in connection with the Site or Content; (l) post or transmit any unsolicited advertising or promotional materials; (m) access or use any password protected, secure or non-public areas of the Site or Content except as specifically authorized in writing by Chondo (unauthorized access of these areas may subject you to prosecution); or (n) impersonate or misrepresent your affiliation with any person or entity.  Other than as specifically permitted during any free trial period, you may not use any subscription-based features of the Site or the Content unless you have paid the applicable subscription fee and agreed to the terms of the Subscription Agreement. Chondo is not obligated to provide any such free trial period. Chondo reserves all rights in the Site, Content and any other property of Chondo which are not expressly granted in these Terms.

3.  OWNERSHIP
The Site, Content and all software, data, and materials used on or in connection with, or accessed through, the Site, including without limitation text, graphics, digital downloads, data compilations, streamed content, the overall design and the "look and feel" of the Site, Chondo trademarks and logos used on the Site, are the property of Chondo, its licensors and its advertisers. Title, ownership rights and intellectual property rights in and to such Content is the property of either Chondo or third-party content owners and copyright holders and is protected by applicable copyright and other law. Other than as expressly provided herein, these Terms give you no express or implied license to the Content, including without limitation, any right to use, sell, rent, copy, distribute, broadcast, modify, perform or publicly display any Content.  Chondo complies with copyright law and requires its visitors and users of its Content to do the same.  Unauthorized use, copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holder's rights and a violation of the laws of the United States and other jurisdictions. You agree that you shall only use the Site and the Content in a manner that does not violate any third-party rights and that complies with all applicable laws in the jurisdiction in which you access and use the Site and Content, and any other jurisdiction in which you may be subject to jurisdiction, including but not limited to applicable restrictions concerning copyrights and other intellectual property rights.

4.  DOWNLOADS
Users may purchase Recordings for use on their personal computers.  Users may listen to these Recordings an unlimited number of times, may transfer the Recordings to mobile music devices and may "burn" the Recordings to a recordable compact disc an unlimited number of times.  All downloaded Recordings  are subject to all applicable copyright laws and restrictions therein.  CHONDO MAKES NO WARRANTY THAT THE DOWNLOADED RECORDINGS WILL BE COMPATIBLE WITH ANY PARTICULAR COMPACT DISC PLAYER OR MOBILE MUSIC DEVICE.


5.  LINKED ENTITIES AND APPLICATIONS
The Site contains links through advertising and otherwise, to various third party web sites and other resources, including sites which allow for download of media applications which you may use with the Content ("Linked Entities"). These Linked Entities (other than www.chondo.net) are not under the control of Chondo and Chondo is not responsible or liable for the content, communications, materials, applications, downloads or privacy policies or practices of any Linked Entities.  Chondo is providing these links to you as a convenience only.  The inclusion of any link does not imply endorsement by Chondo of the Linked Entity or any association with its operators. You are responsible for adhering to the applicable terms of service for any Linked Entity. You are solely responsible and liable for any interactions you may have with such entities, their sponsors and other third parties.

6.  COPYRIGHT AGENT
The music industry depends upon copyright law to enable song writers, recording artists, music publishers and record labels to receive fair compensation for their works. Unauthorized copying or distribution of copyrighted music is an infringement of the copyright holder's rights. At our discretion and in appropriate circumstances, and as provided by applicable law, Chondo may revoke the license of users who infringe upon the copyright, or other intellectual property rights, of others. If you are an artist or other copyright holder who believes that Chondo's service is hosting or linking directly to infringing copies of your work, please let us know.  Pursuant to 17 United States Code 512(c) (2), our designated agent for notice of alleged copyright infringement on the Site is:

Michael Eastman
Chondo Inc.
P.O. Box 7094
Santa Monica, CA  90406

Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement related to the Site or the Content must be a written communication addressed to the designated agent as set forth above, and must include substantially all of the following:
a. A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of an exclusive right that is allegedly infringed;
b. Specific identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a list of each copyrighted work claimed to have been infringed;
c. Information related to the work(s) reasonably sufficient for Chondo to promptly locate the work (e.g. title of work, location within the Site, etc.);
d. Information reasonably sufficient to permit Chondo to directly contact the complaining party, such as a complete name and address, telephone number, and an email address;
e. A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law;
f. A statement requesting that Chondo take a specific act with respect to the alleged infringement (e.g., removal, access restricted or disabled); and
g. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

7.  REGISTRATION
You must register in order to access and use certain Content and other services, including the Recording Download Service, via the Site.  You agree to provide true, accurate, current and complete information as prompted by the registration process (the "Account Information").  You further agree to ensure that your Account Information, and any other information you provide Chondo, does not infringe the proprietary, privacy or other rights of any person or entity. You agree to update your Account Information as necessary order to keep such information current. During the registration process, you will create a password and a user name. Once you have completed the registration process, we will set-up an account for you. You are solely and entirely responsible for maintaining the confidentiality of your password and user name. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You agree to provide Chondo with prompt written notice of any unauthorized use of your password and/or user name.  You agree and acknowledge that Chondo is not liable for any losses that occur from unauthorized access to your account. Any information you provide when you register, is governed by the terms and conditions of Chondo's Privacy Policy [link], as it may be modified from time to time by Chondo.

8.  DISCLAIMER OF WARRANTY
THE SITE AND THE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHONDO AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NONINFRINGEMENT.  ACCESS AND USE OF THE CONTENT AND THE SITE IS AT YOUR OWN RISK. CHONDO MAKES NO WARRANTY THAT THE CONTENT OR SITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS OR USE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES CHONDO MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SITE OR CONTENT OR AS TO THE ACCURACY OR RELIABILITY OF THE CONTENT, OR THAT THE SITE OR CONTENT ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR ANY OTHER CODE WITH CONTAMINATING OR DESTRUCTIVE PROPERTIES OR EFFECTS.  CHONDO MAKES NO WARRANTY REGARDING ANY GOODS, SERVICES, INFORMATION OR DATA PURCHASED OR OBTAINED OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. YOU ARE SOLELY RESPONSIBLE FOR SAFEGUARDING YOUR OWN DATA, EQUIPMENT AND SOFTWARE.

9.  LIMITATION OF LIABILITY
THE ENTIRE RISK ARISING OUT OF THE USE AND/OR PERFORMANCE OF THE SITE AND THE CONTENT REMAINS WITH YOU. IN NO EVENT SHALL CHONDO, ITS DISTRIBUTION AND SYNDICATION PARTNERS OR LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO ACCESS OR USE THE SITE OR CONTENT OR ANY PART THEREOF, EVEN IF CHONDO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER THE BASIS OF LIABILITY IS BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), STATUTE OR ANY OTHER LEGAL THEORY.  BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, BUT THEY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND IN ANY EVENT, CHONDO'S TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF $10.00 OR THE AMOUNT ACTUALLY RECEIVED FROM YOU BY CHONDO IN THE THREE (3) MONTH PERIOD PRIOR TO THE EVENT OR OCCURRENCE GIVING RISE TO LIABILITY.

10.  USER SUPPLIED MATERIALS
All information, advice, files, links, communications or other materials posted by you to or through the Site or Content, including without limitation all Feedback and all information provided as part of registration ("User-Supplied Materials") are your sole responsibility. You agree not to post or transmit any User-Supplied Materials that infringe a third party's rights, including without limitation any privacy, publicity or intellectual property rights, or that are unlawful, untrue, harassing, libelous, defamatory, abusive, tortious, threatening, harmful (including but not limited to viruses, worms or similar software) or otherwise objectionable.  You grant Chondo, or warrant that the owner of such User-Supplied Materials has expressly granted Chondo, the royalty-free, perpetual, irrevocable, fully sub-licensable, non-exclusive right and license to use, reproduce, display, modify, transmit, distribute, perform, display and delete such User-Supplied Materials (in whole or in part) worldwide and or/ to incorporate such User-Supplied Materials in other works in any form, media or technology now known or later developed. User-Supplied materials are public and not private communications.

Chondo shall have the right, but not the responsibility, to monitor and/or remove User-Supplied Materials deemed harmful or offensive in Chondo's sole discretion, or that otherwise violate these terms or any rules or criteria that Chondo may institute from time to time. Chondo shall have no liability for failure to receive or for the removal of any User-Supplied Materials. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, are those of the respective author(s) or distributor(s) and not of Chondo. Chondo neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on or in connection with the Site or Content by anyone other than authorized Chondo employees acting in their official capacities.

11. INDEMNITY
You agree to indemnify and hold Chondo and its parents, members, subsidiaries, affiliates, service providers, syndicators, distributors, licensors, officers, directors and employees, harmless from any claim, loss, damage or demand made by any third party due to, or arising out of or related to your violation of these terms or of any law, regulation or third-party right, or your access or use of the Site, including attorneys' fees and costs incurred in connection with defense of any such claim, loss, damage or demand.

12. TERMINATION
These Terms (and any license granted to you hereunder) shall terminate automatically and immediately if you fail to comply with any of the provisions in these Terms.  No notice shall be required from Chondo to effectuate such termination.  In addition, Chondo reserves the right to suspend or terminate these Terms and suspend or discontinue your access to or use of the Site or the Content at any time for any reason, and with or without notice.  Upon termination of these Terms for any reason you must immediately destroy any copies of the Site or the Content, in whole or in part, in your possession or control not including Recordings purchased before the termination.  Chondo may, in its sole discretion, discontinue providing the Site or the Content, in whole or in part, and with or without notice to you.  Chondo shall have no liability to you or any third party for termination of the Site or Content, or of access or use thereof.  The ownership, warranty, indemnity, and dispute resolution provisions of these Terms shall survive termination for any reason.

13.  CUSTOMER SERVICE
If you have any questions or concerns about your account, you may contact Customer Service.
You understand and agree that Chondo is solely responsible for all customer service, help, and account issues related to the Site and the Content. Neither your ISP nor any third-party website through which you may have accessed the Site or Content is responsible for customer service, help, or account-related issues. You agree not to direct any questions, requests for assistance, or inquiries about the Site or Content to your ISP or to any third party web site through which you may have accessed the Site or Content.

14.  MODIFICATIONS
Chondo may modify this Agreement at any time in our sole discretion, effective upon posting to the Site.  In the event of a material change to this Agreement we will use reasonable efforts to notify you by sending notice to the email address that you have provided to us.  Your registration constitutes consent to such notices.  If any modification is unacceptable to you, you agree that your only recourse is to immediately terminate your access and use of the Site and the Content and comply with the other termination requirements of these Terms. Your continued use of the Site and the Content following our posting of a change of terms notice or a new Terms of Use Agreement will constitute your binding acceptance of the change.

15.  ARBITRATION, JURISDICTION & GOVERNING LAW
The Site is controlled and operated by Chondo from its headquarters in Santa Monica, CA.  Chondo makes no representation that the Content or any other material or information accessed on or through the Site is appropriate or available for use in other locations.  You and Chondo agree that the exclusive remedy for all disputes and claims relating in any way to, or arising out of, this Terms of Use Agreement, the Site or Content (including the arbitrability of any claim or dispute and the enforceability of this paragraph), or to any other alleged act or omission by you or Chondo toward the other, shall be determined exclusively by final and binding arbitration. The arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") before a single arbitrator acceptable to both parties and conducted in the State of California. You and Chondo also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. You and Chondo may litigate in court only to compel arbitration under this Terms of Use Agreement or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrator. To the extent that you have breached or have indicated your intention to breach this Terms of Use Agreement in any manner which violates or may violate Chondo's or any of its licensor's intellectual property rights, or may cause continuing or irreparable harm to Chondo (including, but not limited to, any breach that may impact Chondo's or it's licensor's intellectual property rights, or a breach by reverse engineering), Chondo may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction, notwithstanding anything else herein. You and Chondo must commence an arbitration by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. (If applicable law prohibits a one year limitations period for asserting claims, the claim must be asserted within the shortest time period in excess of one year that is permitted by applicable law.) To the fullest extent permitted by applicable law: no arbitration under this Terms of Use Agreement shall be joined to an arbitration involving any other current or former licensee of Chondo, whether through class arbitration proceedings or otherwise; no finding or stipulation of fact in any other arbitration, judicial or similar proceeding may be given preclusive or collateral estoppel effect in any arbitration hereunder (unless determined in another proceeding between you and Chondo); and no conclusion of law in any other arbitration may be given any weight in any arbitration hereunder (unless determined in another proceeding between you and Chondo).  This Terms of Use Agreement shall be governed by the laws of the State of California and the Federal Arbitration Act, without regard to conflicts of law provisions, and you hereby irrevocably consent to the exclusive jurisdiction of the state and federal courts sitting in the State of California. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

16. EXPLICIT CONTENT
Certain albums may be subject to Recording Industry Association of America ("RIAA") Parental Advisory Label.  The RIAA assigns the Parental Advisory Label to an entire album and not a particular track.  All tracks from an album containing a Parental Advisory Label will be labeled "Explicit" within the Chondo web site and service.  Tracks recorded prior to 1985 are not subject to RIAA Parental Advisory labeling.  Chondo accepts no liability or responsibility to you for any content or materials, including "explicit" labeled tracks that may be available in connection with the Service that you may find objectionable.

17. GENERAL PROVISIONS
No delay or failure to take action under this Agreement shall constitute any waiver by Chondo of any provision of this Agreement. This Agreement (including all documents expressly incorporated by reference) constitutes the complete and exclusive agreement between Chondo and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.  If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. This Agreement will bind and inure to the benefit of each party's permitted successors and assigns. This Agreement is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Agreement shall be null and void.

These Terms constitute a written agreement between you and Chondo, and a printed version of these Terms, and of any electronic notice pertaining to these Terms, shall be admissible in any judicial or administrative proceeding to the same extent, and subject to the same restrictions, as any other contract, document or record originally in printed form.

NOTE: Chondo.net and CHONDO™ are trademarks of Chondo Inc
Last modified: August 2006