The MelodyMaker

THE MELODYMAKER USAGE AGREEMENT

This is a legal agreement ("the Agreement") between you and The Melody. This Agreement pertains to your use of The MelodyMaker website, derivative works, forums, documentation and services which are provided to you by The MelodyMaker (collectively, the "Services"). Please carefully read the terms and conditions below. If you do not agree to the terms of this Agreement, DO NOT use this website. By using the Services (which includes browsing the pages of this website) of The MelodyMaker, you are consenting to the terms of this Agreement.

License
This Agreement grants you a personal, non-exclusive, non-transferable, non-sub licensable right to use the Services for your own personal use on a single computer and/or workstation. The MelodyMaker reserves all rights in the Services not expressly granted herein, including without limitation ownership and proprietary rights.

Intellectual Property Rights and Third Party Materials
All service marks, logos, trade names, trade dress, and trademarks of The MelodyMaker (collectively "Marks") are the exclusive property of The MelodyMaker and nothing in this Agreement shall grant you the license to use such Marks. All intellectual property rights in the Services, including without limitation all computer code, audio, graphics, multimedia, images, sounds, and text incorporated into the Services WITH THE SINGLE EXCEPTION OF CLIPART (files with extension .gif or .bmp) AS NOTED IN THE COPYRIGHT NOTICE, are owned exclusively by The MelodyMaker and are protected by United States copyright laws and international copyright treaty provisions. Any violation of the terms set forth herein is expressly prohibited by law and may result in severe civil and criminal penalties. Additionally, other marks that appear on The MelodyMaker's web sites may belong to third parties that are not affiliated with The MelodyMaker. Links available on the web site may enable you to leave The MelodyMaker site. The MelodyMaker does not control or endorse the content of third party web sites. The linked sites are not under the control of The MelodyMaker, and The MelodyMaker is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. You are responsible for taking precaution to ensure that whatever you select for your use, whether on The MelodyMaker's web sites or the sites of third parties, is free of viruses, worms, Trojan horses, and other items of a destructive nature.

Disclaimer of Warranties
ALL SERVICES PROVIDED BY THE MELODYMAKER ARE PROVIDED "AS IS." THE MELODYMAKER AND ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, AGENTS, NETWORK SERVICE PROVIDERS, PARTNERS, OR EMPLOYEES MAKE NO WARRANTY TO YOU OR ANY OTHER PERSON OR ENTITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY, COMPLETENESS, OR FITNESS FOR A PARTICULAR USE OR PURPOSE AS TO THE SERVICES OR SOFTWARE PROVIDED TO YOU, OR AS TO ANY OTHER MATTER, ALL SUCH WARRANTIES HEREBY BEING EXPRESSLY EXCLUDED AND DISCLAIMED. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES.

NEITHER THE MELODYMAKER NOR ANY OF ITS AFFILATES, SUBSIDIARIES, PARENT COMPANIES, AGENTS, NETWORK SERVICE PROVIDERS, PARTNERS, OR EMPLOYEES WARRANTS THAT THE SERVICES WILL BE FREE FROM ANY VIRUS OR OTHER CODE THAT IS CONTAMINATING OR DESTRUCTIVE BY NATURE AND YOU ARE RESPONSIBLE FOR IMPLEMENTING AND MAINTAINING SUFFICIENT PROCEDURES TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT AS WELL AS PROTECTION FROM SUCH VIRUSES OR OTHER CODE THAT MAY CONTAMINATE OR DESTROY YOUR SYSTEM OR DATA.

Limitation of Liability
IN NO EVENT SHALL THE MELODYMAKER, ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, AGENTS, NETWORK SERVICE PROVIDERS, PARTNERS, OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY IN ANY RESPECT FOR ANY COSTS OR DAMAGES ARISING EITHER DIRECTLY OR INDIRECTLY FROM THE USE OF THE MELODYMAKER'S SERVICES INCLUDING WITHOUT LIMITATION ANY ACTUAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, RELIANCE OR SPECIAL DAMAGES, OR FOR ANY LOSS OF REVENUE, PROFITS, USE, DATA, GOODWILL OR BUSINESS OPPORTUNITIES OF ANY KIND OR NATURE WHATSOEVER, ARISING IN ANY MANNER FROM ANY CAUSE OF ACTION OR CLAIM RELATING TO THIS AGREEMENT, TO THE SERVICES PROVIDED BY THE MELODY. THIS LIMITATION OF LIABILITY APPLIES EQUALLY TO ANY THIRD PARTIES WITH WHOM THE MELODYMAKER ENTERS INTO A BINDING AGREEMENT TO MARKET, DISPLAY AND/OR DISTRIBUTE THE SERVICES TO END USERS AND SUCH THIRD PARTIES SHALL NOT BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY OF THE DAMAGES SET FORTH ABOVE.

Indemnification
You agree to indemnify and hold The MelodyMaker, its officers, directors, employees, agents, shareholders, licensors, suppliers, and any third party distributors harmless from and against any and all damages, losses, costs including attorney fees and expenses resulting from any violation by you of this Agreement or asserted by any third party due to or arising out of your use of or conduct with respect to the Services.

Termination
The MelodyMaker reserves the right to terminate this Agreement and your use of the Services at any time and for any reason or no reason at all. You may terminate this Agreement at any time simply be ceasing to use the Services. The provisions contained herein shall survive termination of this Agreement.

Jurisdiction and Other Provisions
This Agreement and the relationship between The MelodyMaker and you shall be governed in accordance with the laws of the State of North Carolina. Any dispute between you and The MelodyMaker regarding this Agreement will be subject to the exclusive jurisdiction of the state and federal courts in the State of North Carolina. You agree to submit to exclusive jurisdiction in the State of North Carolina, and you expressly waive all defenses to jurisdiction. This Agreement is the entire agreement between you and The MelodyMaker relating to your use of the Services and supersedes any other communications or advertising with respect to the Software and Services. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. The MelodyMaker's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. The MelodyMaker may assign its rights and duties under this Agreement to any party at any time without notice to you.

Modifications
The MelodyMaker may modify this Agreement at any time without providing notice to you. Such modification will be made by posting a revised agreement on its web site and such modification shall be deemed effective immediately upon posting of the modified Agreement. Your continued access or use of the Services shall be deemed your acceptance of the modified Agreement. You agree to check our web site periodically to review such modifications. The MelodyMaker may also make changes to the Services at any time without notice.

IMPORTANT!!
BY USING THIS WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT AND THAT, BY USING THIS WEB SITE OR ANY OTHER THE MELODYMAKER SERVICES, YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.


	THE MELODYMAKER USAGE AGREEMENT This is a legal agreement ("the Agreement") between you and The Melody. This Agreement pertains to your use of The MelodyMaker website, derivative works, forums, documentation and services which are provided to you by The MelodyMaker (collectively, the "Services"). Please carefully read the terms and conditions below. If you do not agree to the terms of this Agreement, DO NOT use this website. By using the Services (which includes browsing the pages of this website) of The MelodyMaker, you are consenting to the terms of this Agreement. License This Agreement grants you a personal, non-exclusive, non-transferable, non-sub licensable right to use the Services for your own personal use on a single computer and/or workstation. The MelodyMaker reserves all rights in the Services not expressly granted herein, including without limitation ownership and proprietary rights. Intellectual Property Rights and Third Party Materials All service marks, logos, trade names, trade dress, and trademarks of The MelodyMaker (collectively "Marks") are the exclusive property of The MelodyMaker and nothing in this Agreement shall grant you the license to use such Marks. All intellectual property rights in the Services, including without limitation all computer code, audio, graphics, multimedia, images, sounds, and text incorporated into the Services WITH THE SINGLE EXCEPTION OF CLIPART (files with extension .gif or .bmp) AS NOTED IN THE COPYRIGHT NOTICE, are owned exclusively by The MelodyMaker and are protected by United States copyright laws and international copyright treaty provisions. Any violation of the terms set forth herein is expressly prohibited by law and may result in severe civil and criminal penalties. Additionally, other marks that appear on The MelodyMaker's web sites may belong to third parties that are not affiliated with The MelodyMaker. Links available on the web site may enable you to leave The MelodyMaker site. The MelodyMaker does not control or endorse the content of third party web sites. The linked sites are not under the control of The MelodyMaker, and The MelodyMaker is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. You are responsible for taking precaution to ensure that whatever you select for your use, whether on The MelodyMaker's web sites or the sites of third parties, is free of viruses, worms, Trojan horses, and other items of a destructive nature. Disclaimer of Warranties ALL SERVICES PROVIDED BY THE MELODYMAKER ARE PROVIDED "AS IS." THE MELODYMAKER AND ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, AGENTS, NETWORK SERVICE PROVIDERS, PARTNERS, OR EMPLOYEES MAKE NO WARRANTY TO YOU OR ANY OTHER PERSON OR ENTITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY, COMPLETENESS, OR FITNESS FOR A PARTICULAR USE OR PURPOSE AS TO THE SERVICES OR SOFTWARE PROVIDED TO YOU, OR AS TO ANY OTHER MATTER, ALL SUCH WARRANTIES HEREBY BEING EXPRESSLY EXCLUDED AND DISCLAIMED. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES. NEITHER THE MELODYMAKER NOR ANY OF ITS AFFILATES, SUBSIDIARIES, PARENT COMPANIES, AGENTS, NETWORK SERVICE PROVIDERS, PARTNERS, OR EMPLOYEES WARRANTS THAT THE SERVICES WILL BE FREE FROM ANY VIRUS OR OTHER CODE THAT IS CONTAMINATING OR DESTRUCTIVE BY NATURE AND YOU ARE RESPONSIBLE FOR IMPLEMENTING AND MAINTAINING SUFFICIENT PROCEDURES TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT AS WELL AS PROTECTION FROM SUCH VIRUSES OR OTHER CODE THAT MAY CONTAMINATE OR DESTROY YOUR SYSTEM OR DATA. Limitation of Liability IN NO EVENT SHALL THE MELODYMAKER, ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, AGENTS, NETWORK SERVICE PROVIDERS, PARTNERS, OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY IN ANY RESPECT FOR ANY COSTS OR DAMAGES ARISING EITHER DIRECTLY OR INDIRECTLY FROM THE USE OF THE MELODYMAKER'S SERVICES INCLUDING WITHOUT LIMITATION ANY ACTUAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, RELIANCE OR SPECIAL DAMAGES, OR FOR ANY LOSS OF REVENUE, PROFITS, USE, DATA, GOODWILL OR BUSINESS OPPORTUNITIES OF ANY KIND OR NATURE WHATSOEVER, ARISING IN ANY MANNER FROM ANY CAUSE OF ACTION OR CLAIM RELATING TO THIS AGREEMENT, TO THE SERVICES PROVIDED BY THE MELODY. THIS LIMITATION OF LIABILITY APPLIES EQUALLY TO ANY THIRD PARTIES WITH WHOM THE MELODYMAKER ENTERS INTO A BINDING AGREEMENT TO MARKET, DISPLAY AND/OR DISTRIBUTE THE SERVICES TO END USERS AND SUCH THIRD PARTIES SHALL NOT BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY OF THE DAMAGES SET FORTH ABOVE. Indemnification You agree to indemnify and hold The MelodyMaker, its officers, directors, employees, agents, shareholders, licensors, suppliers, and any third party distributors harmless from and against any and all damages, losses, costs including attorney fees and expenses resulting from any violation by you of this Agreement or asserted by any third party due to or arising out of your use of or conduct with respect to the Services. Termination The MelodyMaker reserves the right to terminate this Agreement and your use of the Services at any time and for any reason or no reason at all. You may terminate this Agreement at any time simply be ceasing to use the Services. The provisions contained herein shall survive termination of this Agreement. Jurisdiction and Other Provisions This Agreement and the relationship between The MelodyMaker and you shall be governed in accordance with the laws of the State of North Carolina. Any dispute between you and The MelodyMaker regarding this Agreement will be subject to the exclusive jurisdiction of the state and federal courts in the State of North Carolina. You agree to submit to exclusive jurisdiction in the State of North Carolina, and you expressly waive all defenses to jurisdiction. This Agreement is the entire agreement between you and The MelodyMaker relating to your use of the Services and supersedes any other communications or advertising with respect to the Software and Services. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. The MelodyMaker's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. The MelodyMaker may assign its rights and duties under this Agreement to any party at any time without notice to you. Modifications The MelodyMaker may modify this Agreement at any time without providing notice to you. Such modification will be made by posting a revised agreement on its web site and such modification shall be deemed effective immediately upon posting of the modified Agreement. Your continued access or use of the Services shall be deemed your acceptance of the modified Agreement. You agree to check our web site periodically to review such modifications. The MelodyMaker may also make changes to the Services at any time without notice. IMPORTANT!! BY USING THIS WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT AND THAT, BY USING THIS WEB SITE OR ANY OTHER THE MELODYMAKER SERVICES, YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
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