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Terms of Use

USE OF WEBSITE
Napster is an integrated browser and communications system provided by Napster, Inc., to enable musicians and music fans to locate bands and music available in the MP3 music format. The MP3 files that you locate using Napster are not stored on Napster's servers. Napster does not, and cannot, control what content is available to you using the Napster browser. Napster users decide what content to make available to others using the Napster browser, and what content to download. Users are responsible for complying with all applicable federal and state laws applicable to such content, including copyright laws. As a condition to your use of the Napster service and browser you agree that you will not: (i) use the Napster service to infringe the intellectual property rights of others in any way; (ii) use the Napster browser or service, or attempt to penetrate, modify or manipulate the Napster browser or service or any of the hardware or software thereof in order to: invade the privacy of, obtain the identity of, or obtain any personal information about (including but not limited to IP addresses of) any Napster account holder or user, or modify, erase or damage any information contained on the computer of any user connected to the Napster service; or (iii) reverse engineer any portion of the Napster service or browser.
This web site or any portion of this web site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by Napster. Napster and its affiliates reserve the right to refuse service and terminate accounts in their discretion, including, but not limited to, if Napster believes that user conduct violates applicable law or is harmful to the interests of Napster, its affiliates, or other users, or for any other reason in Napster's sole discretion, with or without cause.
COPYRIGHTS
All Napster web site design, text, graphics (including button icons and images, but excluding those graphics to which third parties retain copyright ownership), the selection and arrangement thereof, and all Napster software are Copyright 1999-00 Napster Inc. All rights reserved. Napster Inc., 1475 Veterans blvd., Redwood City, CA 94063.
TRADEMARKS
Trademarks owned by Napster
Napster, the Napster logo, and all other trademarks, service marks, and trade names of Napster appearing on this web site are owned by Napster. Napster's trademarks, logos, service marks, and trade names may not be used in connection with any product or service that is not Napster's, in any manner that is likely to cause confusion, or in any manner that disparages or discredits Napster. All other trademarks, product or service names, brand names, company names and/or logos appearing on this web site are the property of their respective owners.
Set forth below is a current listing of some United States trademarks owned by Napster. Those trademarks followed by () are registered trademarks of Napster in the United States; all others are trademarks of Napster in the United States.
This list is not a comprehensive list of all Napster trademarks. Updated: Feb. 4, 2000 Napster MusicShare
USER SUBMISSIONS TO NAPSTER
Napster, Inc. does not want to receive confidential or proprietary information from you through this web site or otherwise. Please note that any information or material sent to Napster, Inc. over this web site or otherwise will not be deemed to be confidential. By sending Napster, Inc. any information or material, you grant Napster, Inc. an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such material or information and you also agree that Napster, Inc. shall for any purpose be free to use any concepts, ideas, know-how, or techniques that you send to us.
DISCLAIMER
Information on this web site and the Napster service is provided by Napster "AS IS." Napster makes no representations or warranties of any kind, express or implied, as to the operation of this web site, the Napster service, or the information, content, materials, services or products included or referenced on this web site. To the full extent permissible by applicable law, Napster disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, and any warranties of non-infringement. Napster will not be liable to any party for direct, indirect, special or other consequential or incidental damages arising directly or indirectly from the use of this web site or the Napster service, including, but not limited to, any lost profits, business interruption, loss of program or other data on your information handling system or otherwise, even if Napster is expressly advised of the possibility of such damages.
APPLICABLE LAWS
This Site is created and controlled by Napster from its offices within the state of California of the United States of America. As such, the laws of the state of California will govern these disclaimers, terms, and conditions, without regard to or application of choice of law rules or principles. Napster makes no representation that materials in the web site or the Napster service are appropriate or available for use in other locations, and access to them from territories where their content or use is illegal is prohibited. Those who choose to access this web site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
GENERAL
Napster, Inc. may amend these Terms of Use or any other notices, terms and conditions on this web site (including but not limited to the Napster Copyright Policy) at any time by updating this posting. Accordingly, you should visit this web site from time to time to review the then-current and effective terms and conditions because they are binding on you. Certain provisions such these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages at this web site. No delay or failure to take action under such terms and conditions will constitute a waiver by Napster, Inc. unless expressly waived in writing by a duly authorized officer of Napster, Inc.
This information was obtained at Napster.com on 3/28/01.