theRevolution Terms Of Service Agreement

Welcome to the theRevolution.com Site, which is located at www.therevolution.com (the "Site"). The following Terms of Service ("TOS") contain the terms and conditions that govern your use of the Site and theRevolution Service (as defined below). Creating a music player, uploading music files, purchase of any product or service, donating to any artist or registering as a fan on the Site constitutes your agreement to and acceptance of all the TOS.

theRevolution reserves the right to add to, delete or change these TOS because of frequent changes in Internet technology and applicable law. As such, you should check these TOS from time to time for such changes.

1. The theRevolution Service. theRevolution provides a number of Internet-based services and products through the Site (all such services, collectively, the "theRevolution Service" and "Products"). theRevolution users may create and purchase individual Products for their own use or sell Products through the Site. Users who are artists and who would like to sell Products for digital download must also enter into the Digital Rights Agreement.

theRevolution allows all Users to browse the Site, purchase Products from the Site. theRevolution may offer a number of other services and products on its Site, such as message boards, contests, and newsletters, which may change from time to time.

2. Use of the Site and theRevolution Service.

(a) Eligibility. theRevolution will only knowingly provide the theRevolution Service to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the theRevolution Service only under the supervision of a parent or legal guardian who agrees to be bound by these TOS. The theRevolution Service is not intended for children under the age of 13.

(b) Compliance With TOS and Applicable Law. You must comply with all of the terms and conditions of these TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the theRevolution Service and the Site.

(1) theRevolution and its licensors solely and exclusively owns all intellectual property and other right, title and interest in and to the theRevolution Service and Site, except as expressly provided for in these TOS. You will not acquire any right, title or interest therein under these TOS or otherwise.

(2) theRevolution grants you a limited revocable license to access and use the Site and the theRevolution Service for its intended purposes, subject to your compliance with these TOS. This license does not include the right to collect or use information contained on the Site for purposes prohibited by theRevolution; create derivative works based on the Products or any third party content available via the Site; or download or copy the Site (other than page caching). If you use the Site in a manner that exceeds the scope of this license or breach this TOS, theRevolution may revoke the license granted to you.

(3) This Section 2(c) does not pertain to your intellectual property rights. Any rights relating to materials that you upload to the Site are covered by the Digital Rights Agreemen .

(d) Third-Party Services. theRevolution may use third parties to provide certain services accessible through the Site. theRevolution does not control those third parties or their services, and you agree that theRevolution will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as these TOS when you use these services. If any such terms or policies conflict with theRevolution's TOS, agreements or policies, you must comply with theRevolution's TOS, agreements or policies, as applicable.

3. Rules For Use Of the Site.

(a) Prohibited Use. Except as may be expressly permitted by theRevolution, you may not: (i) interfere with the theRevolution Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the theRevolution Service; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Site, except in the operation or use of an internet "search engine", hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the theRevolution Service; (v) impersonate another person or entity; (vii) use any meta tags, search terms, key terms, or the like that contain theRevolution's name or trademarks; (viii) engage in any activity that interferes with another user's ability to use or enjoy the theRevolution Service; or (ix) assist or encourage any third party in engaging in any activity prohibited by these TOS.

(b) Privacy Policy. By entering into these TOS, you agree to theRevolution's collection, use and disclosure of your personal information in accordance with the theRevolution Privacy Policy, found here: http://www.therevolution.com/privacy.php

(c) Ordering Products. If you purchase Products, you agree to do so in accordance with theRevolution's Customer Bill of Rights below. Title to Products that you buy will pass to you upon delivery of the Products to the common carrier.

* If you need to cancel your order, contact the artist directly. Please include the order number of the item that you would like to cancel. If you’ve already completed an order and wish to add a new item to that order, you’ll need to cancel that order and place a new order. Please note that if your order has already been processed, you may not be able to cancel it or modify it.

* If you’d prefer to order the Product over the phone, you can call us at 1-800-BUY-MY-CD or (503) 595-3000. Our service hours are from 7:00am PST to 5:00pm PST Monday through Friday.

(d) Monitoring. theRevolution reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Site. If theRevolution determines, in its sole and absolute discretion, that you or another theRevolution user will breach a term or condition of these TOS or that such transaction or communication is inappropriate, theRevolution may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.

(e) Modification of the Service. theRevolution may modify the theRevolution Service at any time with or without notice to you, and will incur no liability for doing so.

4. Submissions. When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information ("Submissions"), you grant theRevolution permission to use such submissions for marketing and other promotional purposes. You agree that theRevolution will have no obligation to keep any Submissions confidential and you will not bring a claim against theRevolution based on "moral rights" or the like arising from theRevolution's use of a Submission.

5. Representations and Warranties.

(a) Mutual Representations and Warranties. You represent and warrant to theRevolution and theRevolution represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under these TOS, (ii) the execution and performance of your or its obligations under these TOS do not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) these TOS are a legal, valid and binding obligation of the party entering into these TOS, enforceable in accordance with their terms and conditions.

(b) By You. You represent and warrant to theRevolution that, in your use of the theRevolution Service, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party and (ii) will comply with all applicable laws, rules, and regulations. You further represent and warrant to theRevolution that: (i) there are no claims, demands or any form of litigation pending or, to the best of your knowledge, threatened with respect to any of your Submissions; (ii) theRevolution will not be required to make any payments to any third party in connection with its use of your Submissions, except for the expenses that theRevolution incurs in providing the theRevolution Service; (iii) the use of any instructions, formulae, recommendations, or the like contained in your Submissions will not cause injury to any third party; and (iv) your Submissions does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.

6. Disclaimers, Exclusions, and Limitations..

(a) DISCLAIMER OF WARRANTIES. theRevolution PROVIDES THE SITE AND theRevolution SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. theRevolution DOES NOT REPRESENT OR WARRANT THAT THE SITE, theRevolution SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. theRevolution MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.

(b) EXCLUSION OF DAMAGES. theRevolution WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE theRevolution SERVICE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(c) LIMITATION OF LIABILITY. EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THESE TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TOS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THESE TOS EXCEED THE GREATER OF (i) THE AMOUNT PAID OR PAYABLE BY theRevolution TO YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR (ii) $100.

7. Indemnification. You will indemnify and hold theRevolution and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any of these TOS. If you have to indemnify theRevolution under this Section, theRevolution will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without theRevolution's express written permission.

8. Termination.

(a) Termination. theRevolution may suspend or terminate your use of the Site or theRevolution Service if it believes, in its sole and absolute discretion, that you have breached a term of these TOS.

(b) Survival. These TOS will survive indefinitely unless and until theRevolution chooses to terminate them.

(c) Effect of Termination. If you or theRevolution terminates your use of the Site or the theRevolution Service, theRevolution may delete any Submissions or other materials relating to your use of the theRevolution Service on theRevolution's servers or otherwise in its possession and theRevolution will have no liability to you or any third party for doing so.

9. Notice. All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to theRevolution, you must use the following addresses: theRevolution, 2525 S. Lamar #1 Austin, TX 78704 or corp@therevolution.com. If theRevolution provides notice to you, theRevolution will use the contact information provided by you to theRevolution. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non- delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.

10. Dispute Resolution. All disputes arising out of, relating to or connected with these TOS or your use of any part of the theRevolution Service will be exclusively resolved under confidential binding arbitration held in Los Angeles County, California before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying California law (without regard for conflicts of law principles). The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these TOS will be joined to an arbitration involving any other party subject to these TOS, whether through class arbitration proceedings or otherwise. Any action to enforce an arbitrator's award will be brought in a federal or state court located in Austin, Texas and each party hereby irrevocably submits to the personal jurisdiction of such court. By entering into these TOS, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to or connected with these TOS or your use of any part of the theRevolution Service must be asserted individually.

11. Miscellaneous. These TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Texas without reference to conflict of law principles. These TOS will not be assignable or transferable by you without the prior written consent of theRevolution. These TOS (including all of the policies and other Agreements described in this TOS, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and theRevolution are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these TOS. The invalidity or unenforceability of any provision of these TOS will not affect the validity or enforceability of any other provision of these TOS, all of which will remain in full force and effect.

You agree that you will not use the Site to infringe upon or misappropriate the intellectual property rights, including without limitation the copyrights, of any party. WITHOUT LIMITING THE PRECEDING SENTENCE, YOU AGREE THAT YOU WILL NOT USE THE SITE TO UPLOAD OR DOWNLOAD ANY MUSICAL PERFORMANCES, RECORDINGS, OR COMPOSITIONS, OR OTHER PROPRIETARY MATERIAL (AS DEFINED BELOW), INCLUDING BUT NOT LIMITED TO ARTISTS' LIKENESSES OR IMAGES, OR ANY CONTENT OF ANY KIND AVAILABLE ON THE SITE UNLESS YOU HAVE OBTAINED ALL NECESSARY RIGHTS AND LICENSES FROM THE OWNERS OF SUCH PROPRIETARY MATERIAL, THROUGH PURCHASE OR OTHERWISE. You agree to indemnify, defend and hold harmless theRevolution, its affiliates, customers, suppliers, and each of its and their employees, officers, directors, successors, licensees, assigns, and advisors (collectively the "theRevolution Parties") from and against any and all claims, damages, demands, or liabilities, including but not limited to attorneys fees and costs arising out of any claim that Your Information, and/or actions of any kind with respect to the Site infringes upon or misappropriates, violates, or infringes any party's personal or proprietary rights of any kind.

By making any content available through this application, you represent and warrant (i) that you own all content posted by you on or through this application or otherwise have the rights necessary to use such content for purposes of the application and (ii) including your content through this application does not violate the privacy rights, publicity rights, copyrights, trademarks, patents, contract rights or any other rights of any person or entity or any law or regulation. Even if you lawfully possess a copy of the content which you are uploading (for example, you purchased a copy of a photo), this alone does not give you the right to include this content in this application.

theRevolution is concerned about protecting the copyright and other intellectual property rights of others. You may notify theRevolution by providing the following information to our designated agent, as required by D17 U.S.C. 512, if you believe you have a copyright infringement claim resulting from material posted on this website:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Site;
4. Your address, telephone number, and e-mail address;
5. A 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; and
6. 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.
Please provide your notification to our designated agent who may be contacted as follows:

Designated Agent: Copyright Agent Address:

theRevolution, Inc.
2525 S. Lamar Blvd
Suite 1
Austin, Texas 78704

theRevolution will take reasonable steps to place the two parties in contact with one another so that the dispute can be resolved. theRevolution will take no active part in the dispute resolution.

LEGAL