We reserve the right to change, modify or alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions periodically. Your continued use of the site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions. (This page was last updated on January 26, 2007)


DISCLAIMER AND LIMITATION OF LIABILITY

THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

SpinMetropolis.com is not responsible or liable for any infections, tamperings or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness, and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SPINMETROPOLIS.COM, ITS AFFILIATES, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY INTERNETDJ OR ANY THIRD PARTY. Not with standing the foregoing, in no event shall SpinMetropolis.com's liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Site.

SpinMetropolis.com does not represent or endorse the accuracy or reliability of any of the information, content or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this website nor the quality of any products, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service (the "Products").

SpinMetropolis.com reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service.


INDEMNIFICATION

You agree to indemnify, defend, and hold harmless, SpinMetropolis.com, its affiliates, and their respective third party providers to the Site from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by you. SpinMetropolis.com reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with SpinMetropolis.com in asserting any available defenses.


USER SUBMITTED MATERIALS AND EMAILS

To the extent that portions of this Site provide users an opportunity to send their own email materials, information, ideas and opinions (the "Postings"), please be advised that Postings do not necessarily reflect the views of SpinMetropolis.com. In no event shall SpinMetropolis.com assume or have any responsibility or liability for any Postings or for any claims, damages, or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

You hereby authorize SpinMetropolis.com to use, and authorize others to use, your Postings in whole or in part, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing, SpinMetropolis.com will have the right to use and change the Postings in any manner that SpinMetropolis.com may determine.

SpinMetropolis.com does not represent or endorse the accuracy or reliability of any advice, opinion, statement, suggestion or other information offered by third parties that is or may be displayed or distributed throughout our website. You hereby acknowledge that any reliance upon any such advice, opinion, statement, suggestion or information shall be at your sole risk.

THIRD PARTY HYPERLINKS

The appearance of external hyperlinks and/or postcards generated by third parties does not constitute endorsement by SpinMetropolis.com, its subsidiaries and affiliates of the opinions or views expressed by these third party Web sites and SpinMetropolis.com does not verify, endorse, or take responsibility for the accuracy, currency, completeness, or quality of the content contained at these sites. Furthermore, SpinMetropolis.com is not responsible for the quality or delivery of the products or services offered, accessed, obtained by, or advertised at such sites. As such, neither SpinMetropolis.com nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, SpinMetropolis.com will under no circumstances be liable for any direct, indirect, incidental, or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution, or exploitation of any information or content contained within these third party hyperlinked sites.

OWNERSHIP OF INTELLECTUAL PROPERTY

All Site code, design, text, images, photographs, illustrations, audio-clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks, and trade names (the "Material") are the property of SpinMetropolis.com and/or its subsidiaries, affiliates, assigns, licensors, or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. SpinMetropolis.com hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use only, one copy of any audio-clip that you may download from this Site, including, without limitation, any files, codes or images incorporated in or generated by the software provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party Web site) without the express prior written consent of SpinMetropolis.com. Use of SpinMetropolis.com and/or its licensors' Material is only permitted with express written permission. You further agree that you will not disassemble, decompile, reverse engineer, or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.


MISCELLANEOUS

This Agreement contains the entire understanding and supersedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.

Privacy. For additional information regarding SpinMetropolis.com's use of information collected in connection with the Service, please refer to InternetDJ's Privacy Policy.

Copyrights. All copyrights in and to the Service and all contents are owned by SpinMetropolis.com and/or its licensors. The use of the software or any part of the service, except for use of the service as permitted in this Agreement, is prohibited and subject to civil and criminal penalties, including possible monetary damages, for copyright infringement.

Trademarks. All trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are the property of SpinMetropolis.com and/or its affiliates, licensors and/or licensees. You may not copy, display or use any of these marks without prior written permission of the mark owner.