JamNow

LAST UPDATED: April 30, 2007

Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. YOUR USE OF THE SITE (AS DEFINED BELOW) CONSTITUTES YOUR AGREEMENT TO THESE TERMS OF SERVICE.

This Terms of Service Agreement (the "Agreement") is between you ("you") and Lightspeed Audio Labs, Inc. ("Lightspeed," "we," "us"), and governs your use of the Internet world wide web site currently located at http://www.jamnow.com (together with any successor site(s) and all Services (as defined below), the "Site").

1. Acceptance of Terms. The Site is made available by Lightspeed subject to the terms of this Agreement. We reserve the right to update or make changes to this Agreement from time to time in our sole discretion, which changes we may provide to you by any reasonable means, including without limitation by posting the revised draft of this Agreement on the Site. You can determine when this Agreement was last revised by referring to the "LAST UPDATED" legend at the top of this Agreement. When using any Services (as defined below), you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to such Services, which are hereby incorporated by reference into this Agreement.

We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any Service, content, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.

Please note that some of the Services available through the Site allow several users at one physical location to use such Services (for example, if you use our virtual recording studios, several users in your physical location can contribute to a work created by using such virtual recording studio). Please note that any user who uses any of the Services available through the Site must agree to the terms and conditions of this Agreement prior to such use. By utilizing the Services, you represent and warrant that every user in your physical location has read, and agreed to be bound by, the terms and conditions of this Agreement.

2. Description of the Services. We provide users of the Site with access to specialized content and services that will allow users to (a) create and record music together in virtual recording studios, and download and use Software (as defined below) in connection with the same; (b) create and access user profiles, and use forums, blogs, chat and other social-networking services; and (c) access audio clips, photographs, graphics, images, text, data, user comments, opinions, postings and messages and other similar content (such content and services, collectively, the "Services"). All content and services made available through the Site that were not made available as of the "LAST UPDATED" date above, shall automatically be deemed to be part of the Services when they are first made available through the Site.

Please note that many of the Services involve live – and often unpredictable – interaction between users. As such, Lightspeed cannot control, and is not responsible or liable for, issues that arise or problems that occur due to the live nature of such interactions. For example, Lightspeed is not responsible for user misconduct, or for errors that occur in recording music in virtual recording studios.

3. Information Submitted Through the Site. Your submission of information through the Site is governed by Lightspeed's Privacy Policy, which is located at http://www.jamnow.com/policy (the "Privacy Policy"). This Agreement incorporates by reference the terms and conditions of the Privacy Policy, as may be updated by us from time to time. You represent and warrant that any information you provide in connection with your use of the Site is and shall remain true, accurate, and complete, and that you will maintain and update such information regularly. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of the Site and/or the Services.

4. Rules of Conduct. While using the Site you are required to comply with all applicable laws, rules and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this section; any failure to comply may also result in termination of your access to the Site pursuant to Section 15 below.

You agree not to:

· Post, transmit, or otherwise make available, through or in connection with the Site:

o Anything that is or may be protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner(s) of such right.

o Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; or (d) obscene, indecent, pornographic or otherwise objectionable.

o Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking."

o Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.

o Any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation or commercial promotion.

o Any material, non-public information about a company without the proper authorization to do so.

· Use the Site for any fraudulent or unlawful purpose.

· Use the Site to defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.

· Impersonate any person or entity, including without limitation any representative of Lightspeed; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make.

· Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.

· Restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Site).

· Use the Site to advertise or offer to sell or buy any goods or services, without Lightspeed's express prior written consent.

· Reproduce, store, modify, or prepare any derivative work of or otherwise alter in any way any materials streamed or made available through the Site without the consent of Lightspeed or the copyright owner(s) of such materials.

· Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.

· Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.

· Circumvent (or attempt to circumvent) any technology (including, without limitation, any digital rights management technology) used by Lightspeed or its licensors to protect content accessible via the Site.

· Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.

· Frame or mirror any part of the Site without Lightspeed's express prior written consent.

· Create a database by systematically downloading and storing Site content.

· Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without Lightspeed's express prior written consent.

Additionally, you acknowledge and agree that you (and not Lightspeed) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Site, and paying all charges related thereto.

5. Registration; User Names and Passwords. You may be required to register with Lightspeed in order to access certain Services or areas of the Site. With respect to any such registration, we may refuse to grant you, and you may not use, a user name (or email address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.

You are responsible for maintaining the confidentiality of any password you may use to access the Site, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all interaction with the Site that occurs in connection with your password or user name, including without limitation all Transactions (as defined below). You agree to immediately notify Lightspeed of any unauthorized use of your password or user name or any other breach of security related to your account or the Site, and to ensure that you "log off"/exit from your account with the Site (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

6. Software License. Subject to your compliance with the terms and conditions set forth herein, Lightspeed hereby grants you a limited, non-exclusive, revocable, non-transferable license to use any software provided by Lightspeed to you through the Site (“Software”) solely for your personal non-commercial use in connection with the Site. Please note that the Software may have hardware or software prerequisites or minimal configuration requirements. Upgrading your machine to use the Software is at your own risk and expense. There is no guarantee that the Software will operate on your particular computer. You may not rent, redistribute, lease, sell or otherwise transfer the Software. You may not modify the code of, disassemble, decompile, or otherwise reverse engineer the Software. From time to time, we may release upgrades to the Software that you may need to install to continue using such Software; any such upgrades made available shall be deemed to be “Software” hereunder, and shall be subject to the terms and conditions of this Agreement. Please note that additional terms and conditions may be imposed in connection with particular Software items (including any upgrades) made available by Lightspeed in connection with the Site.

7. Forums. We and/or our third-party service provider(s) may make available through the Site interactive services (including, as examples only, and without limitation, virtual recording studios, message boards, comment functionality and blogs) to which you are able to post materials (each, a "Forum"). In addition, you may post certain information and materials on your “profile page” (your "Profile").

Materials contained in the Forums or Profiles on the Site are typically provided by third-party visitors to the Site. Without limitation, Lightspeed is not responsible for any materials made available through the Forums or in Profiles (including without limitation errors or omissions in postings, or links or images embedded in posted messages) or results obtained by using any such materials. Please note that Site visitors may post messages or make statements in connection with the Forums or Profiles that are inaccurate, misleading or deceptive. Lightspeed does not endorse, and is not responsible for, any opinions, reviews, advice, information or statements made in the Forums or Profiles by third parties, and cannot guarantee their accuracy or veracity. The opinions, advice and reviews provided in the Forums or in Profiles reflect solely the opinions of the individuals who submitted such opinions, advice and reviews and do not reflect the opinions of Lightspeed. Under no circumstances will Lightspeed, or its employees, officers, directors, shareholders, agents, representatives or affiliates, be liable for any loss or damage caused by your reliance on such information or materials.

In addition, Lightspeed has no control over, and shall have no liability for, any damages resulting from the use (including without limitation, republication) or misuse by any third party of materials or information voluntarily made public through any the Forum, a Profile or any other part of the Site. If you choose to make any of your personally identifiable INFORMATION or other MATERIALS AND/OR information publicly available in a Forum OR A PROFILE (INCLUDING, WITHOUT LIMITATION, BY oRALLY DISCLOSING INFORMATION IN A VIRTUAL RECORDING STUDIO), you do so at your own risk.

8. Works. You will retain whatever ownership you have in any works that you create through or submit to a Forum or a Profile, or otherwise create or submit in connection with the Site (each, a "Work"), including those Works that you create in collaboration with other Site users (for example, if you are contributing the melody for a composition while another user is contributing the lyrics for the same composition; or if you are contributing the guitar part to a composition while another user is contributing the piano part to the same composition).

a. Law Governing Ownership and Exploitation of Works. You agree that substantive U.S. law shall govern, on a worldwide basis, both your ownership rights in any Works to which you contribute and your rights to exploit such Works.

b. Advertising. You acknowledge and agree that Lightspeed reserves the right to sell advertising and sponsorships in connection with the Site, including in connection with your Work(s).

c. License. You hereby grant to Lightspeed and its designees a worldwide, non-exclusive, transferable, sublicenseable (through multiple tiers), royalty-free, irrevocable right and license to use, reproduce, distribute, create derivative works of, transmit, display, perform and otherwise exploit each Work in any media now known or hereafter developed for the purposes of operating the Site or for marketing or promoting the Site. For each Work, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such Work, and your provision thereof to and through the Site, complies with all applicable laws, rules and regulations. You further irrevocably waive (i) any claims with respect to publicity, privacy or other rights you may have with respect to any Works, and the use of your voice or other attributes in connection with the same, and (ii) any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding each Work that you may have under any applicable law under any legal theory.

d. Reproductions. When you create or submit a Work through the Site, you specifically request Lightspeed to make a temporary copy of such Work, or, if you or any other contributor to such Work elects to store such Work for a longer period of time, you and each contributor to such Work shall be deemed to have requested Lightspeed to store such Work for such period of time. Additionally, if you or any other contributor chooses to make the Work available to other users (either as a live stream, or as an on-demand stream or download), you and each other contributor shall be deemed to have authorized Lightspeed to create reproductions and make otherwise to facilitate such users’ access to the Work.

e. Monitoring. You acknowledge and agree that Lightspeed has the right (but have no obligation) to do one or all of the following, at our discretion: (i) monitor Works; (ii) alter, remove, block, delete or refuse to post or transmit, or allow to be posted or transmitted, any Work; and/or (iii) disclose any Works, and the circumstances surrounding their transmission, to any third party in order to (a) operate the Site; (b) protect Lightspeed and its employees, officers, directors, shareholders, agents, representatives and affiliates, and the Site's users and visitors; (c) comply with legal obligations or governmental requests; (d) enforce this Agreement; or (e) for any other reason or purpose.

9. Purchases. If you wish to purchase any product or service made available by us through the Site, (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number or other payment account number (e.g., PayPal), the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. By submitting such information, you grant Lightspeed the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

Descriptions and images of, and references to, products or services on the Site do not imply Lightspeed’s endorsement of such products or services. Lightspeed reserves the right, with or without prior notice, to change such descriptions, images, and references; to limit the available quantity of any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any product or service. Price and availability of any product or service offered through the Site are subject to change without notice. Refunds and exchanges will be subject to Lightspeed’s refund and exchange policies then in effect. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

10. Rules for Sweepstakes, Contests, Raffles and Similar Promotions. In addition to the terms and conditions of this Agreement, any sweepstakes, contests, raffles or similar promotions (collectively, "Promotions") made available through the Site may be governed by specific rules that are separate from this Agreement. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. Lightspeed urges you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy which, in addition to this Agreement, governs any information you submit in connection with such activities. To the extent that the terms and conditions of such rules conflict with this Agreement, the terms and conditions of such rules shall control.

11. Lightspeed’s Proprietary Rights. The Services, the information, Software and materials made available through the Site, and all software used to make the Site available are and shall remain the property of Lightspeed and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. You acknowledge and agree that Lightspeed owns a copyright interest in the entire contents of the Site in the aggregate as a collective work under applicable copyright laws. The collective work includes works that are licensed to Lightspeed by you and/or others. Subject to your compliance with this Agreement, and solely for so long as you are permitted by Lightspeed to access and use the Site, you may view or listen to any content on the Site to which we provide you access hereunder solely for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. Except as otherwise expressly authorized in writing in advance by Lightspeed, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, reverse engineer or create derivative works based (whether in whole or in part) on, any Services, all or any part of the Site, or any materials or Software made available through the Site.

Lightspeed’s trade names, trademarks and service marks include without limitation “LIGHTSPEED,” "LIGHTSPEED.COM," "Lightspeed Audio Labs," “JAMNOW” and “JAMNOW.COM” and any associated logos. All trademarks and service marks on the Site not owned by Lightspeed are the property of their respective owners. The trade names, trademarks and service marks owned by Lightspeed, whether registered or unregistered, may not be used in connection with any product or service that is not Lightspeed’s. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Lightspeed trade names, trademarks or service marks without our express prior written consent.

12. Third-Party Web Sites; Links. The Site may provide links to other web sites and online resources. Because Lightspeed has no control over such sites and resources, you acknowledge and agree that Lightspeed is not responsible for the availability of such external sites or resources, does not endorse and is neither responsible nor liable for any content, advertising, products or other materials on or available through such sites or resources. Other web sites may provide links to the Site with or without our authorization. You acknowledge and agree that Lightspeed does not endorse such sites, and is not and shall not be responsible or liable for, any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.

YOU AGREE THAT YOUR USE OF THIRD-PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

Lightspeed shall have the right, at any time and in its sole discretion, to block links to the Site through technological or other means without prior notice.

13. Limitations of Liability and Disclaimer of Warranties. THE SITE (INCLUDING WITHOUT LIMITATION THE SERVICES) AND ANY GOODS OR SERVICES MADE AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE. Lightspeed DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE AND ANY PRODUCT OR SERVICE (INCLUDING WITHOUT LIMITATION, THIRD-PARTY PRODUCTS AND SERVICES) OBTAINED THROUGH THE SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Lightspeed SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SITE OR SERVICES, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, Lightspeed WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND resulting from (A) YOUR USE OF OR INABILITY TO USE THE SITE, (B) ANY CONTENT POSTED ON THE SITE BY Lightspeed OR ANY THIRD PARTY, (C) A work not being made or stored, (D) a work being deleted, CORRUPTED, lost OR OTHERWISE RENDERED UNUSABLE OR (e) ANY MISUSE OF A WORK BY A CONTRIBUTOR OR OTHER THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE SOLE AND MAXIMUM LIABILITY OF Lightspeed FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS AND USE THE SITE.

While we try to maintain the integrity and security of the Site and the servers from which the Site is operated, we do not guarantee that the Site will be or remain secure, complete or correct, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third-party alteration to the Site, contact us at support@lightspeedaudiolabs.com with a description of the material(s) at issue and the URL or location on the Site where such material(s) appear.

14. Indemnity. You agree to defend, indemnify and hold harmless Lightspeed and its directors, officers, employees, affiliates, shareholders, agents licensors, and representatives, from and against all claims, losses, costs and expenses (including without limitation attorneys fees) arising out of (a) your use of, or activities in connection with, the Site; (b) any violation of this Agreement by you or through your account; or (c) any allegation that any Work or other materials that you make available through the Site or Services infringe or otherwise violate the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.

15. Termination. This Agreement is effective until terminated. You agree that Lightspeed, in its sole discretion, may terminate your access to or use of the Site or all or any particular Services (including, without limitation, your access to any and/or all Works stored or made available in connection with the Site), at any time and for any reason, including without limitation if Lightspeed believes or suspects that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to use the Site or such particular Services will immediately cease. You agree that any termination of your access to or use of the Site or particular Services may be effected without prior notice, and that Lightspeed may immediately deactivate or delete your password and user name, and all related information and files associated with it (including, in Lightspeed’s discretion, any and/or all Works stored or made available in connection with the Site), and/or bar any further access to such information or files. You agree that Lightspeed shall not be liable to you or any third party for any termination of your access to the Site, particular Services or to any such information or files, and shall not be required to make such information or files available to you after any such termination. In the event of a termination of this Agreement, Sections 3, 8, 11, and 13 through 18 shall survive.

16. Jurisdictional Issues. The Site is controlled and operated by Lightspeed from the United States, and is not intended to subject Lightspeed to the laws or jurisdiction of any state, country or territory other than that of the United States. Lightspeed does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You are also subject to United States export controls and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

17. Governing Law. This Agreement is governed by and shall be construed in accordance with the laws of the State of New York, U.S.A., without regards to its principles of conflicts of law. You agree to exclusive jurisdiction by the federal and state courts located in the County of New York in the State of New York, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts.

18. Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Lightspeed. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. Lightspeed reserves the right to assign its rights and obligations under this Agreement in its sole discretion. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between you and Lightspeed relating to the subject matter hereof and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Lightspeed relating to such subject matter. Notices to you may be made via posting to the Site, by email, or by regular mail, in Lightspeed’s discretion. The Site may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

19. Filtering. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at:

http://dir.yahoo.com/Business_and_Economy/Shopping_and_Services/Communication_and_Information_Management/Internet_and_World_Wide_Web/Software/Blocking_and_Filtering/.

Please note that Lightspeed does not endorse any of the products or services listed at such site.

20. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send Lightspeed a notice requesting that Lightspeed remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Lightspeed a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to:

Mark Malek/Lightspeed Audio Labs

106 Apple Street Suite 221

Tinton Falls, NJ 07724

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that there are penalties for false claims under the DMCA.

21. Information or Complaints. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to support@lightspeedaudiolabs.com. You may also contact us by writing to Lightspeed Audio Labs, 106 Apple Street, Suite 221, Tinton Falls NJ 07724, or by calling us at 732 450 1444. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

22. Contact Us. If you have any questions regarding the meaning or application of this Agreement, please direct such questions to support@lightspeedaudiolabs.com. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.