Modified as of April 25, 2008

1. WELCOME TO SONICBOOMERS
Welcome to sonicboomers.com, an online property of Fuzz Artists, Inc. (as used herein, "we", "our" or "us"). If you use sonicboomers.com or any affiliated site operated by us (collectively, the "Site"), that means you agree to be legally bound by these Terms of Use (the "Terms"). IF YOU DO NOT AGREE TO THESE TERMS, PLEASE LEAVE THE SITE NOW. You should read these Terms carefully, and re-read them from time to time, as they can change without notice.

2. OWNERSHIP OF CONTENT
Your Content. We do not own your content. By uploading, posting or displaying (collectively, "Posting") any text, images, audio, video or other content (collectively, "Content") to the Site, you do, however, grant us a limited license to use your Content. We call this the "Content License", which is basically a set of rules for how we may, and may not, use your Content. Specifically, under the Content License:
• We may not sell or give away your Content as permanent downloads or physical copies, alone or in a compilation
• We may not continue exercising the Content License after you terminate the license as described below
• We may not use or license another party to use your Content outside of the Site and Site powered or branded "widgets" as described below
• We may include your Content in temporary or permanent features, functions, promotions or other activities occurring on or through the Site, including in "widgets" that are created or managed on or through the Site but exist or function outside of the Site (collectively, "Programs"); these Programs may enable us or users to use, modify, reproduce, publicly perform, publicly display, transmit, stream and distribute your Content.
• We may let other parties exercise these rights on the Site and in "widgets" (the Content License is sublicensable)
• We may exercise these rights without paying you (the Content License is fully paid & royalty free)
• We may exercise these rights throughout the Site worldwide, including through "widgets" (such as the mixtape) which may reside outside of the Site
• You may grant similar licenses to others (the Content License is non-exclusive)
• You may terminate the license at any time by following the steps described below

Terminating the Content License. If you want to terminate the Content License with respect to some or all of your Content, you can do so by deleting such Content from the applicable band profile or user profile. To request deletion of an entire user profile or band profile you must also send an email to deleteme@sonicboomers.com stating your name, the username, password and registered email address(es) associated with the profile, with the words "Delete User Profile" or "Delete Band Profile" (as applicable) in the subject line. Please note that if you or another Band member subsequently place Content on the profile, this will void your deletion notice. If we violate the Content License, you may either terminate the Content License as described above or send a reasonably detailed email explaining the violation to deleteme@sonicboomers.com. We will correct the violation within a reasonable time not to exceed 30 days after receipt of proper notice. These are your exclusive remedies for a breach by us. We are not responsible for disputes between users, including breaches of the Content license by users, disputes between users associated with a particular band profile, or for any deletion or reinstatement of content that may result from the actions of one or more such users. Notwithstanding anything else in these Terms, please note that terminating the Content License does not automatically remove all of your comments, communications, images, and blogs (including text, video and/or audio) or other Content accumulated throughout the Site as a result of your participation in the Site; we retain the Content License in such content and will consider any requests to withdraw such materials on a case by case basis, in light of the technical and other resources necessary to effect such withdrawal, and other factors we deem relevant.

Community Programs. Programs can be added, deleted or modified by us at any time. From time to time, we may initiate Programs that involve use of your Content outside of the general scope of the Content License, or would involve different kinds of content. These Programs may involve different or additional terms than those found in these Terms which you or a representative of your band must agree to (collectively, "Ancillary Terms"). Ancillary Terms include formal notice language and click-through agreements, the descriptive names of Programs, and the stated rules/limitations, descriptions and obvious functional elements of such Programs, which serve as notice to you of how such activities are intended to work, and of the terms applicable to the activity. Your participation or use of a Program constitutes your agreement to such Ancillary Terms. Examples of such Programs include selling or offering free permanent downloads of songs, and creating and sharing mixtapes.
Partner Offerings. In addition to our Programs, we may occasionally facilitate other businesses ("Partners") providing or offering to provide goods or services to users ("Partner Offerings"). To assist Partners in making these Partner Offerings relevant to Users, we may provide Partners with non-personally identifying information about a user, including the User's known or estimated zipcode, age, and gender information associated with the User Profile and/or associated Band Profiles, together with an identification number or other information that would not reveal a user's personal identity to the Partner. Except as specifically provided for herein, participation in such Partner Offerings is subject to whatever terms, conditions and privacy policies are agreed to by Partner and the user; notwithstanding the wording of any such materials, nothing therein may cause us to have, or increase any liability or obligation to any party. By utilizing or opting in to such Partner Offering, you agree that we shall be completely free from from any liability arising from that relationship (including all aspects of that relationship that happen on or through the Site). One or more examples of such Partner Offerings are identified immediately below:
matchmine LLC: Our partner, matchmine LLC ("matchmine"), creates a sophisticated profile (called a MatchKey) of your tastes in order to find and serve you the content you'll love. In order for matchmine to jump-start your MatchKey profile, you agree to allow us to forward certain demographic data (Zip Code, Age, and Gender) to matchmine. Furthermore, you agree to allow us to forward to matchmine completely anonymous and abstracted behavioral data so that the MatchKey profile may evolve and adapt to your changing tastes. If you use their service, your relationship with matchmine will be governed by matchmine's terms of service (currently located at http://www.matchmine.com/termsofservice/) and matchmine's privacy policy (currently located at http://www.matchmine.com/privacy/); the URLs for these materials may be changed by matchmine from time to time.matchmine LLC.

Contests, sweepstakes and other promotions. From time to time, we, our users or our Partners may conduct contests, sweepstakes, giveaways or other promotions (collectively, "Promotions") on or through the Site. In order to be eligible to participate in any Promotion, unless the Ancillary Terms associated with such Promotion expressly state otherwise, your user profile must include your legal name, and a profile picture, and be registered with a verified or verifiable email address. If the Ancillary Terms of a Promotion do not expressly state that we are the sponsor of such Promotion (or if there are no such stated Ancillary Terms), then by participating in the Promotion you agree that the users or bands or Partners presenting, offering or sponsoring the Promotion, and not us, are solely liable for the Promotion, including but not limited to the awarding of any prizes or awards. Nothing in this paragraph shall be construed as giving any party permission to conduct or sponsor a Promotion on, through, or utilizing the Site.

Your Content is your responsibility. You (and not us) are solely responsible for your Content, and for its accuracy, integrity, quality, lawfulness and merit. By putting your Content on the Site, or by delivering your Content to a third party via the Site or other mechanism facilitated by us, you are making a legally binding promise that you possess all the rights necessary in order for you to grant to us the Content License, and that your Content (and the inclusion of such Content in Programs) does not violate the privacy, publicity or intellectual property rights (including copyright) of any other party. If any royalty or other payment becomes due to any party as a result of us fully exercising the Content License rights to such Content, or your participation in the Site or any Programs, then you alone (and not us) shall be responsible for such payments. Your use of Content in any Program is your responsibility. You may not upload, post, publish or transmit any Content that is unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, or otherwise objectionable, including, without limitation, any Content that would constitute illegal activity, give rise to civil liability, or violate any local, state, national or foreign law. You may not put Content on the Site if you can't make all these promises about the Content, or for which you are not legally entitled to grant us the Content License.

Site monitoring. We reserve the right, but are not obligated to, monitor or screen any or all Content, activity or information exchange occurring on or through the Site, including but not limited to monitoring to determine compliance with these Terms or to accumulate economically valuable data about usage and other behavior patters on or related to the Site. For information on privacy, please see our Privacy Policy. We do not guarantee that any monitoring or screening it conducts will be effective or accurate.
Site organization. The Site is organized around individual "users" who create "user profiles" and, where applicable, "band profiles". An individual user can identify themselves as, or part of, one or more bands or artists on the Site by creating them or by accepting invitations to join band profiles created by others. If you are part of one or more band profiles on the Site, you will be able to upload, modify and/or delete Content from the profile. Please exercise care with respect to band profiles you create or join on the Site, and carefully monitor the activity in such profiles, because you are responsible for all of the Content in such profiles under these Terms, just as if you had personally uploaded it.
More on "widgets". As described above, "widgets" are features or Programs that allow users (and in some cases, others) to use, share or manage content that will appear in a location other than the Site. As in all other cases, users who upload content are fully responsibly for such content, including responsibility for respecting the rights of copyright owners.

3. RULES FOR ACTIVITY ON THE SITE
Commercial use of the Site. We have the right to permit or prohibit any type of commercial or other activity conducted on or through the Site or any Program. We may, in our sole discretion, initially permit certain activities to occur, but may at any time prohibit such activity or charge a fee or commission on such use.Prohibited activities. The following is a partial list of prohibited activities on the Site. These prohibitions are designed to protect us, our users, and their Content.

With respect to Content on the Site, you may not:
• make copies of, modify, or distribute Content
• download Content without paying applicable fees
• use Content for commercial purposes
• remove, circumvent or defeat any proprietary notices or security technology meant to protect Content
• use Content in any manner that violates these Terms

With respect to the Site, you may not:
• hack, hijack or deface the Site, or cause it to function in a way not clearly intended by us
• use any manual or automatic device, software or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or the Content.
• introduce any virus, worm, Trojan Horse, Easter Egg, time bomb, spyware, or anything else that may or is intended to damage or hijack the operation of the Site or of any hardware, software, or telecommunications equipment
• post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication or engage in spamming or flooding
• use it for a commercial purpose (except where expressly permitted)
• using the Site for a purpose other than what is was intended, that is unlawful, or that violates these Terms
• using the Site for a permitted commercial use, but in a manner that violates the applicable Terms or Ancillary Terms
• using the Site for a commercial purposes involving a third party individual or company or payment to or from such party (absent language clearly stating that such involvement or payment is permitted)

With respect to users of the Site, you may not:
• inhibit anyone's use and enjoyment of the Site
• insult or disparage a user
• disrupt the normal flow of dialogue among users
• contact a user for an improper or unlawful purpose, or after they request you not contact them
• solicit personal or contact information from anyone under the age of 18
• impersonate, or misrepresent your or anyone's affiliation with any other person or entity, or accomplishments

Removal from the Site. We can ban you from the Site, delete some or all of your Content, or limit your use of the Site, for any reason, including, but not limited to, if we determine (in our sole discretion) that your use of or conduct on or related to the Site (i) violates these Terms, (ii) is harmful to us, our users or business partners, or (iii) violates applicable law. Even if we fail to kick you off the Site, that does not waive any of these Terms or our right to do so (or any other right we may have). Any rights not expressly granted by these Terms are reserved by us.
Age requirements. You must be 13 years old or older to use the Site. If we become aware of (or suspects) anyone under 13 years of age registering as a user of the Site, we will, in our discretion, either delete the associated profiles or require that verified parental consent be provided in accordance with the Children's Online Privacy Protection Act of 1998. Certain areas of the Site may be off limits to children under 13 (or in some cases, under 18) regardless of consent. For example, you must be at least 18 years old to access areas of the Site which contain mature or adult content, or to conduct any commercial transactions with or through the Site. If you authorize use of the Site by a minor, you acknowledge that certain Content and activities on the Site are not appropriate for minors, and you agree that you (and not us) are responsible for the conduct of such minor, including all of the consequences to the minor and to other persons as a result of use of the Site, access to inappropriate materials. In addition, the laws of your jurisdiction may place further restrictions on your rights to access and use the Site, and you must comply with these laws.

Software. To the extent you knowingly or unknowingly download any music player, cookies or other software from the Site as necessary to cause the Site to function properly on your computer system (the "Site Software"), you are hereby granted a limited license to use such Site Software solely for its intended purpose of facilitating permitted use of the Site. The foregoing license may be revoked at any time with or without notice. Any unauthorized use, transmission, distribution, reproduction, reverse engineering, modification of the Site Software, or use thereof for an illegal purpose, is expressly prohibited. Site Software is provided as is without warranty of any kind.

Great ideas welcome. If you have any suggestions, questions or comments about these Terms or anything else, please contact us at: info@sonicboomers.com. We may use your suggestions, ideas, concepts, know-how, or techniques that you communicate to us, and if so we will be under no obligation to pay you for them.

4. COMMUNICATIONS
Referral programs. We may, from time to time or continually, offer referral programs that permit you to submit information about other persons (each, a "Referred Person"), such as email addresses, landline/cellular telephone numbers, names, addresses and other contact information, so that they may receive information and/or promotional offers concerning this Site and its features (including Content). We will use and store any such information that we collect from you about a Referred Person only to the extent necessary to carry out your request, and we will not use any such information for any other purpose unless the Referred Person consents. You may only refer persons with whom you have a personal relationship. You must have obtained the consent of the Referred Person prior to providing us with his or her contact information. We reserve the right to limit the number of Referred Persons you can submit. We reserve the right to limit the number of transmissions to any particular Referred Person from time to time. You may not withdraw the contact information you provide for a Referred Person once it has been submitted. A Referred Person must be a permanent, legal resident of the United States, at least 13 years of age and be eligible to register for the features offered on this Site. The contact information for a Referred Person must be valid and functioning in order for us to contact him or her about this Site, its Programs or features. We will not be responsible for validating the contact information you provide. We may elect not to communicate with any Referred Person and/or e-mail address if he or she appears to be on any of our "do not contact" or "do not e-mail" lists. In addition, we reserve the right to reject the participation of any Referred Person if (a) the contact information provided by you is incorrect or not valid, (b) such individual has violated any provision of these terms or conditions, or (c) we determine in our sole discretion that the participation of such individual might be harmful to us, this Site, any service or feature, or any third party for any reason. We specifically disclaim any liability for exercising such right. We may send you a confirmation using any means available through this Site, including email, text and other forms of messaging, to inform you that the Referred Person has registered for this Site or a particular feature. If we send the confirmation to you via the carrier service with which you have a mobile communications subscription or otherwise have access, you understand you will pay any service fees associated with any such access (including text messaging charges to messages your mobile device). If you misuse any referral program or otherwise engage in improper behavior with respect to a referral program, as we determine in our sole discretion, we reserve the right to deny you further access to this Site. We may from time to time offer incentives or rewards in connection with a referral program, and any such incentive or reward programs shall be subject to additional terms and conditions which shall be posted at the time such programs become available and shall be deemed incorporated into these Terms. We reserve the right, in our sole discretion, to suspend, temporarily or permanently, or cease to provide any and all referral programs without notice, reason or liability. If you are using this Site to communicate to a Referred Person (or any third party), you agree not to use this Site to harm a Referred Person or other party, or in violation of these Terms. In addition, we may provide tools for you (or your Band) to manage, initiate and store communications to and from your 'fans' or 'friends'. To the extent that you upload or otherwise utilize any Referred Person information, such as fanlists, or fan email lists, you represent and warrant to us that you have all the necessary rights to do so, and you assume all responsibility to such persons for proper use of their information.

Third Party Transactions. The Site may contain links to Partners and other third parties within the Site or via other websites, where users can purchase goods or services from third party merchants ("Merchants"). Orders to purchase any goods or services from Merchants are subject to such Merchant's terms and conditions governing such transactions. we are not a party to such transactions, notwithstanding that we may benefit financially or otherwise from such transactions. We cannot confirm that any particular Merchant is who that Merchant claims to be, or any other claims by such Merchant.

Electronic Communications. If we need to contact you regarding any matter relating to these Terms and/or your use of the Site, it may do so via electronic communications (e.g., by e-mail and/or postings on the password-protected area of the Site available to registered users of the Site), as well as by mail and telephone. You agree that all electronic communications from us shall be deemed to be communications "in writing" and deemed delivered to you no later than the earlier of the date actually received or five (5) days from the date of posting or transmission. You may update your contact information by updating your account and profile on the Site or by signed letter delivered by means of Federal Express, UPS or other similarly reputable means providing tracking and proof of delivery, to Fuzz Artists, Inc. at its then current business address (currently 602 20th Street, San Francisco, CA 94107, Attention: Legal). To access information electronically, you need an IMB or MAC compatible computer, Internet access, an Internet Browser (Netscape Navigator version 4.0 or Internet Explorer version 5.0 (or later versions) for IBM compatible computers, or Netscape Navigator 5.0 or Internet Explorer 5.0 (or later versions) for MAC compatible computers) and an email account. To retain copies of electronic communications, you will need a printer attached to you computer or sufficient storage space in your disk drive to save an electronic copy.

5. IMPORTANT MISCELLANEOUS STUFF
Information You Provide To Us. You may be required to provide us with information about yourself in order to enjoy certain features of the Site, such as setting up an account and purchasing downloads. If you choose to provide us with such information, you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the Site, and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, we have the right to terminate your account and refuse any and all current or future use of the Site. Any information you provide to us is subject to our Privacy Policy. You are solely 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 us 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 us or any other user of or visitor to the Site due to someone else using your ID, password or account.

Links to the Site. If you desire to provide a hyperlink from your Website to our Site, feel free to contact us at hyperlinks@sonicboomers.com. In the event we provide any links to the Site which you may copy or otherwise make use of, you agree not to modify the form, appearance and/or function of such link (including any logo contained therein) except as specifically authorized by the applicable Ancillary Agreement.

Links or pointers to other sites. We make no representations whatsoever about any other Website that you may access though the Site. When you access another Website, please understand that it is independent from us, and that we have no control over the content on that Website. In addition, a hyperlink to another Website does not mean that we endorse or accept any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. Use of any other sites is at your own risk. We encourage you to note when you leave this Site and to read the terms of use of such other Websites.

6. BORING BUT IMPORTANT LEGAL STUFF
Ancillary Agreements. Please also note that your use of certain features on the Site may be subject to additional instructions, guidelines and/or terms (collectively, these are called "Ancillary Agreement(s)"). For example, any sweepstakes or contests conducted through this Site will be subject to separate Official Rules, and these would be considered Ancillary Agreements. These may either expand or limit our Content License with respect to particular Content, but such differences will always be set out in an applicable Ancillary Agreement (which you can choose to accept or not). For example, there is an Ancillary Agreement that allows you to sell your Band's music on the Site. By using these features or participating in such promotions, you agree that you are bound by such Ancillary Agreements. Whenever any Ancillary Agreements apply, their terms should be considered part of these "Terms".

Warranty Disclaimer. THE SITE IS 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, WE DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE, FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE, OR INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SITE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT (INCLUDING USER CONTENT), COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIALS ON THE SITE. WE DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. WE DISCLAIM 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. WE MAKE NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF USER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY US. YOU UNDERSTAND AND AGREE THAT TO THE EXTENT ANY MATERIALS ARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE, THIS 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 MATERIALS. Some jurisdictions do not allow a disclaimer of some or any implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties, to the extent so prohibited. Although we attempt to ensure the integrity and accurateness of the Site, we make no warranties or guarantees whatsoever as to such matters. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that you notice an inaccuracy, please inform us so that it can be corrected by contacting weberrors@sonicboomers.com. Information contained on the Site may be changed or updated by uswithout notice.

Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE OR OUR SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, SPONSORS AND ADVERTISERS BE LIABLE TO ANY USER ON ACCOUNT OF OR FOR DAMAGES ARISING FROM:
• THE USER'S USE OR MISUSE OF AND RELIANCE ON THE SITE, OR THE ACTIONS OF OTHER USERS (INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM INTERUPTIONS, SUSPENSION OR TERMINATION OF THE SITE OR PORTIONS THEREOF, AND DAMAGES TO THIRD PARTIES);
• OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE; OR
• 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, TERRORISM, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES.

SUCH LIMITATIONS OF LIABILITY SHALL APPLY, WITHOUT LIMITATION, AS FOLLOWS: TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF WE OR OUR SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, SPONSORS OR ADVERTISERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES); TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA; WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF ANY ASPECT OF THE SITE OR ANY INFORMATION, MATERIALS OR MERCHANDISE THAT APPEAR ON, OR ARE LINKED OR RELATED IN ANY WAY TO, THE SITE (NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY); AND TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF PROFILES, ANY USER PAGES OR OTHER USER CONTENT STORED THROUGHOUT THE SITE. THESE LIMITATIONS SET FORTH ABOVE SHALL ALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not fully apply to you, but shall in any event apply to the maximum extent permitted by such law.

Indemnity and release. By using the Site you agree to indemnify us, and our subsidiaries, partners, affiliates, agents, consultants, sponsors, advertisers and licensors, and their respective officers, directors, employees, shareholders, agents and representatives (collectively, the "Released Parties"), and hold the Released Parties harmless from any and all claims and expenses, including attorneys' fees, arising from your use of the Site or the Content on the Site, your breach of any term or condition contained in these Terms or any applicable Ancillary Agreement, or your submission of Content, ideas and/or other materials to us by any means or from any person's use of any account or password you maintain with us or the Site, regardless of whether such use is authorized by you. By using the Site, or submitting any ideas and/or related materials to us, you are hereby agreeing to release the Released Parties 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 any products and services obtained or used through the Site or to any disputes regarding use of ideas and/or related materials submitted to us. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFECT OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES IN RELEVANT PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

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 the Site must be filed within one (1) year after such claim or cause of action arises, or forever be barred.

Intellectual property infringement claims. It is our policy to respond expeditiously to claims of intellectual property infringement. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your full name, address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. our Copyright Agent for notice of claims of copyright infringement can be reached as follows:

• DMCA Compliance
Fuzz Artists, Inc.
602 20th Street
San Francisco, CA 94107
Telephone: (415) 449-6947
Fax: (415) 449-6947
E-mail: copyright@fuzz.com

Choice of law and venue. These Terms are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each party to these Terms submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Santa Clara in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorney fees. In the event that any of these Terms (including any Ancillary Agreement) are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

Entire agreement; amendments. These Terms constitute the entire agreement between us and you pertaining to the subject matter of these Terms. In its sole discretion we may change, add to or subtract from these Terms, or any Ancillary Agreement (except where such Ancillary Agreement requires otherwise), at any time by posting a revised version of these Terms or such Ancillary Agreement on the Site. You will be bound by such amended terms. Therefore it is important that you review the Terms and any applicable Ancillary Agreements regularly.

International use. We make no representations that the Content, products, and/or services on this Site are appropriate or available for use in locations outside the United States. Those who choose to access this Site from other locations do so at their own initiative and are responsible for complying with all local laws and regulations regarding online conduct and acceptable content.

Headings and numbering. Headings and numbering of paragraphs used in these Terms are for reference only and do not limit or modify the effect of any portion of these Terms.(c) 2008 Fuzz Artists, Inc. All rights reserved.