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NumberOneMusic.com - Artist Terms of Service

22. MERGER
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter contained herein and supersede any other agreements, proposals and communications, written or oral, between NumberOneMusic’s representations and you with respect to the subject matter hereof; except that any other terms and conditions located on any individual NumberOneMusic web site or in connection with the Products and Services are incorporated herein by reference to the extent they do not conflict with these Terms and Conditions. To the extent that any other terms and conditions or terms of service conflict with these Terms and Conditions, those other provisions shall control with respect to the use of the particular web site and any Products or Services available on or through the web site or the respective Product or Service at which those other provisions may be found.

23. NON-WAIVER AND SEPARABILITY
NumberOneMusic’s failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms and Conditions to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of these Terms and Conditions remain in full force and effect.

24. RELATIONSHIP OF PARTIES
You acknowledge and agree that you and NumberOneMusic are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.

25. NO RESALE, ASSIGNMENT, OR SUBLICENSING
You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without prior express written authorization of NumberOneMusic.

26. SUCCESSORS AND ASSIGNS
Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.

27. TERMINATION; SURVIVAL
These Terms and Conditions shall continue in effect for as long as you use the Products and Services, unless specifically terminated earlier by NumberOneMusic. All provisions of these Terms and Conditions which impose obligations continuing in their nature shall survive termination of these Terms and Conditions.

28. COMMUNICATIONS WITH USERS
You consent to receive communications from NumberOneMusic concerning your use of the Products and Services ("Communications"). The Communications may be those that NumberOneMusic is required to send to you by law concerning the Products and Services ("Required Communications"). The Communications may also be those that NumberOneMusic sends to you for other reasons. You consent to receive Communications electronically. NumberOneMusic may provide these Communications to you by sending an email to the email address you provided in connection with your account or by posting the Communication on NumberOneMusic. You also consent to receive Communications by telephone or by postal mail sent to the postal address you provided in connection with your account. You may change the email or postal address to which NumberOneMusic sends Communications by visiting your account information page.

In order to receive Required Communications, you must provide NumberOneMusic, upon registration with NumberOneMusic, a valid email address to which NumberOneMusic may send electronic mail. Your computer must also have a modem or other means of Internet access, an Internet browser such as Internet Explorer version 5.x or above or Netscape Navigator version 6.x or above, email communications software capable of receiving and storing electronic mail, and a printer, if you wish, for printing electronic communications. NumberOneMusic will provide notice of any changes to these requirements.

29. SUBMISSIONS OF IDEAS
NumberOneMusic is always improving its Products and Services and developing new features. If you have ideas regarding improvements or additions to NumberOneMusic, we would like to hear them -- but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO NumberOneMusic BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO Number One ent., YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO NumberOneMusic  THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT NumberOneMusic IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY NumberOneMusic, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.

30. EXPORT CONTROLS
Certain software, and related documentation or technical information, available through NumberOneMusic is subject to applicable laws and regulations of the United States pertaining to export controls. By using such software or related documentation or technical information, you represent and warrant that you are not located in, or under the control of, or a national or resident of any embargoed country or any country on the U.S. Department of Commerce's Table of Denial Orders. You agree not to export or re-export such software or related documentation or technical information directly or indirectly to any countries that are subject to United States export restrictions.

31. VIOLATIONS OF TERMS AND CONDITIONS
Should you violate these Terms and Conditions or any other rights of NumberOneMusic and the Number One ent. Companies, NumberOneMusic and the Number One ent. Companies reserve the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all of the NumberOneMusic web sites.

If you are aware of any violations of these Terms and Conditions, please report them to:

NumberOneMusic Abuse Manager
Email: legal[at]NumberOneMusic[dot]com
Please read the entire Terms and Conditions, as all NumberOneMusic properties, Products and Services are offered subject to these Terms and Conditions.

We hope your enjoyment of NumberOneMusic’s Products and Services will be enhanced by the application of these Terms and Conditions. It is our belief that your understanding of the guidelines we have set forth will allow the NumberOneMusic community to continue to be a place where each of us can prosper, grow, and enjoy ourselves within an open and non-threatening environment. Thank you for taking the time to read these Terms and Conditions and we hope you enjoy our Products and Services.

Last updated November, 2008

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Vinny Piacente
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