Terms & Conditions

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Terms & Conditions

This Agreement is effective on June 14, 2009, for current users, and upon acceptance for new users.

Your new member account will allow you to sign onto Next Wave Music's web site only. Services are provided by Next Wave Music. These Terms and Conditions (referred to from hereafter as “Conditions”) are a legal agreement between you and Next Wave Music. By clicking on the “I Agree” button or checking the “I Agree” box, you agree to be bound by the Conditions. By clicking on the “I Agree” button or checking the “I Agree” box you also represent and warrant that you are authorized to bind the entity (whether as a member, artist/band, or venue) on whose behalf you are entering into these Conditions and such entity agrees to be bound by these Conditions.

We have attempted to put in this document all terms and conditions for the safe and beneficial interaction of our members of our established community. If a matter or dispute arises that is not covered by these terms, it will be resolved at Next Wave Music's sole discretion, but in conversation with the affected parties and in lawful way. Next Wave Music may, but is not obligated to, incorporate the resolution of the situation into these universal Conditions. If a member disagrees with the resolution for any reason, their only alternative will be to delete their account.

Violation of any of these Conditions will result in the termination of your Next Wave Music account. Next Wave Music will not be liable for any loss or damage arising from your use of the service, including any failure by you (or another member, artist/band, venue) to comply with these conditions.

It is understood that any representations made when using this service will commit and affirm to the following:

1. Authorization and Rights

• General. You have all necessary right, power and authority to enter into this agreement and to perform as required under this agreement. You are not barred from receiving the service under the laws of the United States or any other international jurisdiction.
• Age of Consent. You are 13 years old or older. Under United States law, you must be at least 13 years of age to use this service. (Children’s Online Privacy Protection Act of 1998 at http://www.ftc.gov/ogc/coppa1.htm)
• Authorized Use. Your account is for your sole, personal use (or that of the group or entity on whose behalf you are entering into this Agreement). You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the service, use of the service, or access to the service. You agree not to resell or make commercial use of this site or its contents; including the collection and use of any search results, listings, data, or other content; any derivative use of this site or its contents; or any use of data retrieval including any and all data gathering and extraction tools.
• Integrity Policy. All of the information provided by you at any time to Next Wave Music is true, accurate, current and complete. Your e-mail address is accurate, up to date, valid, and regularly checked. Violation of this representation shall be considered violation of Conditions and subject to immediate termination upon review.
• Rights. For all expressed or uploaded material used as content within the service (including, but not limited to, any songs, band information, audio, video, games, data, graphics, photos, text, information, screen names, profiles, newsletters, events calendar listings, playlists, blogs, messages, software, XML, RSS and links hereafter referred to as “Content”), you represent and affirm that you have all rights, approvals and/or consents necessary to submit the Content on the Conditions provided in this agreement. You also guarantee that no permission is required from any other individual or entity for Next Wave Music to use the Content in the manner provided with these Conditions. You further guarantee to Next Wave Music that the compositions, recordings, lyrics, text and other materials contained in the Content are original, created only by you or the entity on whose behalf you are entering into this Agreement and do not contain any "samples" or excerpts that would infringe on the copyrights of others and do not otherwise infringe on the rights of any other individuals or entities.

2. Account Responsibilities

• General. You by agreeing to these Conditions are fully responsible for any activity that occurs under your screen name or account, including any violation of this agreement.
• Password. You are responsible for keeping your password secure and confidential. You agree to notify Next Wave Music immediately of any unauthorized use of your password or account or any other breach of security.
• Conduct and Content. You are solely responsible for your conduct and any Content that you or other persons acting on your behalf upload, create, post, display, publish, communicate, transmit or otherwise make available on the service. This also includes your conduct and any exchange of Content to other Members.
• Legality. You must not use the service for any illegal or unauthorized actions. You must use the service in a manner consistent with any and all applicable local, state, national and international laws and regulations (including, but not limited to, United States copyright law and export control law). International members must comply with all local laws regarding online conduct and acceptable content.
• Privacy Policy. You are aware of our Privacy Policy located at http://www.nextwavemusic.com/privacy.php.
• Community. You must not abuse, harass, threaten, impersonate or intimidate other Next Wave Music members. You must not post anything on the service, or exchange any Content to other Next Wave Music members that is abusive, threatening, inaccurate, obscene, profane, vulgar, libelous, offensive, sexually oriented, defamatory, harassing, hateful, harmful, racially offensive, illegal, or otherwise objectionable material, or any material that infringes or violates another party’s rights (this includes copyrights, licenses, other intellectual property rights, contractual or fiduciary rights and obligations, and rights of privacy and publicity but not limited to).
• Solicitation. You must not create, upload, post, e-mail, transmit, submit or otherwise make available unsolicited commercial messages (including, but not limited to, any form of spam, chain letters, “pyramid-schemes” and junk e-mail) to any Next Wave Music members via the service (message boards or other messaging services) except in areas designated for such purpose. Solicitation of or non permissive commercially advertising other Next Wave Music members will not be tolerated.
• Proprietary Rights. If any Content contains material whose use is protected by license restrictions, copyright, trademark, or other proprietary rights, you must obtain consent for such use from the owner of those proprietary rights (these uses include, but are not limited to, the right to post, copy, modify, transmit, show in public or private, create any derivative works from, distribute, or reproduce the Content) before you transmit such Content through the service.
• Attribution. Any Content that is copyrighted works of another party may not be claimed as your own and/or falsely attributed to yourself.
• Hacking. Uploading, emailing, transmitting or otherwise making available any material that contains software viruses, worms, any other code, files or programs of a destructive nature (or designed to harm in any way the functionality of Next Wave Music or its community) via the service will not be tolerated at any time. You must not interfere with or disrupt the service or servers or networks connected to the service. You must not act in a manner that negatively affects the ability of other Next Wave Music members to use the service or engage in any actions via the Next Wave Music services.
• Links. Links will only be accepted on Next Wave Music when you provide a link back to the corresponding page on Next Wave Music for each item of Content. Music from this site must not be transmitted to another site for play at any time. Any false association between Next Wave Music and another entity will not be tolerated. You must not impersonate any person or entity affiliated with Next Wave Music or falsely state or otherwise misrepresent your affiliation with Next Wave Music. You must not mislead anyone (including but not limited to false representation or impersonation of any Content) in order to disguise the origin of any Content transmitted through the service.
• Accuracy Statement. You must maintain your information at all times including promptly updating your account information to keep it true, accurate, current and complete (this is solely your responsibility). You must maintain an accurate, up to date, valid, and regularly checked email address for the purposes of receiving notification of changes to these Conditions of Use, and it is your responsibility to ensure that messages from Next Wave Music are not being filtered, altered, or blocked in any way by your email account service provider. If you provide any information that is untrue, inaccurate, not current or incomplete, or Next Wave Music has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Next Wave Music has the right to suspend or terminate your account and refuse any and all current or future use of the service.
• Downloads. Due to listening capabilities before downloading songs the songs will be “as is” and Next Wave Music accepts no responsibility for refunds under any circumstance.
• NWM Shop. You will not fail to deliver payment for items purchased by you or your account, unless the seller has changed the item's description altering the perceived value after you have bid or an error is made when entering the item; failure to deliver items purchased from you or your account, unless the purchaser fails to meet the terms as posted in accordance with NextWaveMusic.com, or you cannot authenticate the identity of the purchaser; manipulate the price of any item or interfere with other users' listings; post false, inaccurate, misleading, defamatory, or libelous content (including but not limited to personal information from you the seller or other individuals).
• Founders of NextWaveMusic.com Membership:

  General rules:

  • Only 100 founders will be established initially. (May be changed at NextWaveMusic.com's discretion)
  • If you fail to meet the minimum of five paying members in a one month period you will lose Founder status and be replaced.  
  • Payment structure for referrals:

  $1 for each one month membership enrollment
  $3 for each one year (annual) enrollment.
  $20 for each five year enrollment.
  $25 bonus for having 25 members enroll in a 30 day period.

  Method of payment – Cash gift card issued at the end of the 30 day period.  There is a $20 earned minimum required for the issuance of a gift card.

3. Next Wave Music Basic Conditions

• Service Terms. Next Wave Music reserves the right to take any of the following actions in its own discretion at any time and for any reason, and you agree that we will not be liable to you or any third party for taking any of these actions. In no way however is Next Wave Music obligated to take any of these actions.
• Administration. Next Wave Music may monitor the Content and control what is available on the service.
• Content. After monitoring Content Next Wave Music may refuse, move, or remove any Content, including, but not limited to, Content that, in Next Wave Music’s own opinion, violates or is alleged to violate any applicable law or violates this agreement. You remain solely responsible for all Content you make available through the Service. You represent and affirm that you, or the entity on whose behalf you are entering into this agreement, own all rights, titles and interest to all Content that you upload through the service. If a dispute or claim arises from such Content, Next Wave Music reserves the right to remove the Content until an acceptable resolution has been reached. Next Wave Music will not be a mediator for any altercations arising between individuals who are engaging in a dispute. Next Wave Music does not guarantee that all Content submitted will be utilized on the site or continue to be available for any extended period of time.
• Service Availability. Next Wave Music may change, suspend, or discontinue all or any part of the service at any time, with or without reason. You acknowledge that the operation of our site may from time to time encounter various problems (technical or other) and may not necessarily continue uninterrupted and Next Wave Music shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Next Wave Music service.
• Account Access. Next Wave Music may restrict, suspend, or terminate your access to all or any part of the service, deactivate your account, or delete your account and all related information and files in your account. You acknowledge, consent and agree that Next Wave Music may access, preserve, disclose or delete your account information and Content if required to do so by law or if necessary, reasons for this necessity include but are not limited to complying with legal process, to enforce this Agreement, respond to claims that Content violates the rights of third-parties, respond to your requests for customer service, protect the rights, property, or personal safety of Next Wave Music, its members and the public. Next Wave Music reserves the right to disable or terminate any account after a period of inactivity. If an account has been deactivated for inactivity, the name associated with that account may be given to another Registered Member without notice to you or such other party.

4. Next Wave Music Liability

• Amendment of Terms and Conditions. Next Wave Music reserves the right to amend these Conditions at any time. If the amendments constitute a material change to the Terms of Use, we will notify you through e-mail to the address provided in your Account Profile. Determining "material change" will be at our own discretion using common sense and judgment deemed reasonable. E-mail notice will be considered to have been delivered once sent. Any use of the service after amendment of the conditions will constitute acceptance by you of such changes. Your only option should you not agree with the amended Conditions shall be to close your Next Wave Music account and to stop use of the service.
• Accuracy Statement. Opinions, advice, statements, offers, information or other Content made available through the service are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Next Wave Music does not guarantee any information on the service to be accurate, complete or useful, and adopt, endorse nor accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than Next Wave Music. Under no circumstances will any loss or damage resulting from anyone's reliance on information or other content posted on the service, or transmitted to or by any registered members is not the responsibility of Next Wave Music.
• Advertisements. Any correspondence made between yourself and advertisers on the site will be done solely at your own risk, this includes but is not limited to any business dealings with or participation in promotions of advertisers found on or through the service including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings. You agree that Next Wave Music shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the service.
• Outside Links. Some links provided by the service to other sites or resources may present a situation in which Next Wave Music has no control. You acknowledge and agree that Next Wave Music is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. Use of these links will be at your own discretion
• Unauthorized Use. It is possible that other Next Wave Music Members (including unauthorized members, or outside sources) may post or transmit offensive, obscene materials or other wise violate these terms on the service with intent to do physical or emotional harm to others in any way. You understand and agree that by using the service, you may be involuntarily exposed to Content that is objectionable. While Next Wave Music prohibits such conduct and Content on its site, you understand and agree that Next Wave Music cannot be responsible for such Content and that you use the service at your own risk. Due to the size of the site and other commitments you understand that Next Wave Music cannot completely eliminate all violations of the Conditions.

5. Copyright

• Uploaded Content. Next Wave Music will not and does not claim ownership of any intellectual property rights over the Content you upload to the Next Wave Music service. All copyrighted Content in your profile or uploaded by yourself belongs entirely to you or the entity on whose behalf you are acting.
• Ownership of Site Content. All content created using the Service shall be owned by Next Wave Music. For example, all copyrights in reviews, charts, playlists, blogs, newsletters, XML, and RSS shall be owned by Next Wave Music and licensed to you and other members of the service pursuant to the Conditions in this agreement.
• Distribution Controls. We encourage our members to make their Content available under terms that will benefit the entire community. Next Wave Music reserves the right to mark your Content as we see fit such as downloadable in MP3 format (music), downloadable WMV format (video), and play/view capability only or as licensed under a Creative Commons license. When you select available only in play/view capability, your music may still be heard on the Next Wave Music’s audio player and pictures or videos may still be viewed by registered members of the Next Wave Music community (your Content will not be downloadable). By selecting to mark your content as licensed under a Creative Commons License, you explicitly agree to release your Content to the commons as described at http://www.creativecommons.org. Next Wave Music may for legal or operational reasons, change the options available for control over distribution of Content. If we must do this we will attempt to select an option that best fits your original choice while adapting to any new policy. This will constitute a material change of these terms and we will notify you as explained herein. At this point you may either pick a different option than the chosen one or delete the Content.
• Content Removal. You can remove your Content at any time by deleting your account. Deletion of your account will not terminate any Content licenses granted prior to deletion of your account.
• Rights Not Reserved. Next Wave Music and community members retain all rights and licenses not explicitly granted within these Conditions.
• Violations. If at any time you feel that your work has been copied in a way that may constitute copyright infringement, or your intellectual property rights have been otherwise violated, please provide Next Wave Music with the following information:
  • From the authorized person that will act on behalf of the owner of the copyright or other intellectual property interest we will need an electronic or physical signature.
  • You will need to describe the copyrighted work or other intellectual property that you claim has been infringed as well as providing us with a description of where the material that you claim is in violation is located on the site that is adequate to allow Next Wave Music to locate the said material.
  • Your contact information, address, telephone number, and email address, etc.
  • A statement by you that it is your belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law.
  • A statement by you, made under penalty of perjury, that the all information provided by you in your notice is accurate and that you are either the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
    Any notice of these claims or requests from those seeking a license to Next Wave Music marks should be sent to:
    
    Email: contact@nextwavemusic.com
    

6. Content Rights Granted to Next Wave Music

• License. By uploading Content to Next Wave Music (sound recordings, musical and/or vocal works, pictures, videos, song lyrics, written materials and/or other materials), you hereby grant, and you signify and affirm that you have the right to grant, to Next Wave Music a worldwide, non-exclusive, completely paid-up, worldwide license to use, copy, modify, adapt, translate, publicly and/or digitally perform, publicly display and distribute such information and Content in whole and in part, and to prepare derivative works of, or incorporate into other works, such information and Content, in any format or standard now known or developed in the future. The foregoing license shall be sub licensable by Next Wave Music to permit Next Wave Music community members to view, hear, read, watch, download and link to your Content. Next Wave Music community members may not transfer the forgoing rights and, except as otherwise provided in this, Next Wave Music may not transfer or sell its Content license to others. At all times you shall retain full ownership of your Content subject to the non-exclusive rights granted to Next Wave Music within these Conditions.
• Promotional Use. By agreeing to the Conditions you will also grant Next Wave Music the right to use the Content, such as songs, event listings and band information (this includes but is not limited to, names, likenesses any material uploaded such as biographical, logos, marks or trade names of you or any individuals performing or otherwise represented in the Content or anything referred to in the Content by the member) for the purposes of syndication and the promotion of Next Wave Music products and services without any payment to you or any other persons or companies. Next Wave Music may sublicense its right to display your band information and event listings to anyone.
• Waiver of Performance Royalties. You grant Next Wave Music the right to waive, on your behalf, any performance royalties on the Content when performed in a broadcast format such as the Next Wave Music audio player, internet radio, satellite radio, or global radio. You represent that you have sufficient ownership of rights in the Content to grant Next Wave Music such waiver.

7. Next Wave Music’s Ownership of Property

• Service. You acknowledge that the service contains copyrighted material, trademarks, and other proprietary information of Next Wave Music and its licensors and you agree that except for the limited license granted within these Conditions, all rights, titles and interest to the service and the contents therein remain with Next Wave Music interminable.
• All content compiled on this site, all software used on this site, is the exclusive property of Next Wave Music or its software licensors and protected by U.S. and international copyright laws.
• Trademarks. Without prior permission from Next Wave Music, you agree not to display or use the any names (Next Wave Music, NextWaveMusic, or any other names used exclusively on the site) in any manner.
• Patents. Some patents may apply to this site and to the features and service accessible through the site and you agree that all rights, title and interest to such patents will remain with Next Wave Music interminable.

8. Indemnity

You agree to indemnify and hold harmless Next Wave Music, its officers, directors, employees, agents, third parties and any persons associated with Next Wave Music harmless for any losses, costs, liabilities and expenses (including attorneys' fees) relating to or arising out of your connection to or use of the service, including any breach by you of the Conditions of this agreement and any claims arising from the Content you submit, post, transmit or make available through the service, your use of the service. You specifically indemnify Next Wave Music of any claims that may arise from the inaccuracy of any listings (events or otherwise), band information, or distributed information.

9. Additional Service Conditions

• Contest/Promotions: Next Wave Music reserves the right to hold contests or give promotions when we deem it appropriate. Outcome of such contests or promotions may earn you (artists/bands, members, venues) rewards (may include but not limited to free downloads, promotional opportunities, cash awards, prizes and contract opportunities).
• Additional License. You authorize Next Wave Music to grant on your behalf the following with regards to your audio content: a current, non-exclusive, worldwide, and completely paid-up up license to other digital radio partners existing today or added in the future to: reproduce, distribute, perform publicly, display publicly, and perform digitally the material in whole or in part, to the extent deemed appropriate by Next Wave Music or radio partners, each in its sole discretion, in connection with the digital broadcasting of the material through the radio partner's digital radio service and the advertising, promotion and marketing of the radio partner's web site and services use any trademarks, service marks or trade names incorporated in the material or associated with any artists, producers or other individuals whose performances are embodied in the material, to the extent deemed appropriate by Next Wave Music or radio partners, each in its own discretion, in connection with the digital broadcasting of the material through the radio partner's digital radio service and the advertising, promotion and marketing of the radio partner's web site and services; use the name and likeness of any artists, producers or other individuals whose performances are embodied in the material, to the extent deemed appropriate by Next Wave Music or radio partners, in its own discretion, in connection with the digital broadcasting of the material through the radio partner's digital radio service and the advertising, promotion and marketing of the radio partner's web site and services.
• Collective Bargaining. You further agree and acknowledge that Next Wave Music and our radio partners are not signatories to any collective bargaining agreement and are in no way obligated to make any payments under any such agreement.
• Disclaimer. Without limiting any other provision of this agreement, you agree that Next Wave Music and our radio partners shall not be obligated to obtain any other license, from any person, firm, corporation or other entity, in connection with the exploitation or use of any of the material, trademarks, trade names, names and likenesses, and/or any other rights granted by you to Next Wave Music or our radio partners in this agreement, in any country or territory of the world, including, without limitation, any performance right organization, music publisher, administrator, record label or other company.
• Hosting. As used in these Conditions “Hosting” shall mean the storage, web serving, streaming of a single unit of digital audio/video media and associated metadata for the existence of Next Wave Music.
• Event Listings. As used in these Conditions “Event Listing” shall mean any information announcing the details of an event at a venue or a musical performance. This information can be displayed in a variety of ways such as web sites, newsletters, and XML documents. In no way is Next Wave Music obligated to displaying Event Listings at any time unless stated otherwise.
• Promotion. As used in these conditions “Featured Spotlight” shall mean an Event Listing receiving promotion on the Next Wave Music calendar above what a normal Event Listing receives (this could but is not obligated to include being listed with earlier notice, and visually highlighted in display formats of the calendar event listing as well as featured spotlight the homepage)
• Premium Memberships. As used in these Conditions “Premium Membership” shall mean an upgraded product including certain benefits for artists/bands, members, and venues.

10. Payment

If by reason of death or disability you are unable to receive the Service for which you are contracted, you and your estate may elect to be relieved of payment obligations for the service excepting those received before death or onset of disability.

11. Warranties

You expressly understand and agree that Next Wave Music provides all services on an “as is” and “as available” basis. Next Wave Music makes no warranties of any kind, whether express, implied, statutory or otherwise with respect to the service or information collected for or provided to members under these Conditions. To the full extent permissible by applicable law, Next Wave Music disclaims all warranties, express, implied, statutory or otherwise, regarding or relating to the service or any services provided to the registered member under these Conditions. To the full extent permissible by applicable law, Next Wave Music specifically disclaims any implied warranties of merchantability for a particular purpose or non-infringement. In the event of Next Wave Music’s breach of warranty, the only available option shall be a refund of the amounts paid for the service by the registered member.

12. Limitation of Liability

You expressly understand and agree that in no event shall Next Wave Music be liable for any indirect, incidental, special, consequential or exemplary damages arising out of or relating to the use or inability to use the service, this may include but is not limited to, damages for loss of profits or goodwill, loss or corruption of data or programs, service interruptions and procurement of substitute services, even if Next Wave Music knows or has been advised of the possibility of such damages, this will in no way constitute any liability as Next Wave Music’s, on any form of action whatsoever in connection with this agreement, exceed the amounts paid by you for your account.

13. Exclusions

In certain jurisdictions exclusion of these laws may or may not be limited, if you live in these jurisdictions it is solely your responsibility to know and if so then some of the above limitations in sections 11 and 12 may not apply to you.

14. Term and Termination

• Term. By clicking on the “I Agree” button this agreement shall become effective upon acceptance of the Conditions for your use of the service. This is understood to be everlasting unless cancelled by the member or terminated by Next Wave Music.
• Termination. Accounts can be terminated at any time without notice and for any reason by either you or Next Wave Music. You agree that Next Wave Music may, under certain circumstances and without prior notice, immediately terminate your account and access to the service. Termination causes may include, but are not limited to any breaches or violations of this agreement or other incorporated agreements or guidelines, requests by law enforcement or other government agencies, a request by you (self termination), discontinuance or material modification to the service, unexpected problems (technical, security or otherwise), extended periods of inactivity, you have engaged in fraudulent or illegal activities, and/or failure to make payment of any fees owed by you in connection with the services. Termination of your account includes removal of access to all offerings within the service (this means complete denial of access to any areas in the site or associated with), deletion of all related information, files and any content associated with or inside your account, and barring further use of the service (unless agreed upon by both parties).

All terminations shall be made in Next Wave Music’s own discretion and in no way will Next Wave Music be liable to you or any third-party for any termination of your account or access to the service.

15. General Provisions

• Binding agreement. This Agreement shall insure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.
• Choice of law and forum. These Terms and the relationship between you and Next Wave Music shall be governed by the laws of Nevada , without regard to its conflict of law provisions or your actual state or country of residence. You hereby permanently submit to the personal and exclusive jurisdiction and venue of the federal and state courts serving the County of Washoe , other than for actions to enforce any order or judgment entered by such courts, in the event of any dispute arising out of or relating to this Agreement.
• Severability. If any provision of this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, the remaining provisions shall remain in full force and effect, and the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. The failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing.
• Continued Existence. Unless otherwise explicitly stated, these Conditions will survive the expiration or deletion of your account for any reason. Next Wave Music may assign any or all of its rights hereunder in the event of a merger or acquisition of all or substantially all of the assets to which this Agreement relates.
• No Partnership. The parties bear the relationship to each other of independent contractors, and nothing in this Agreement shall be deemed to create a joint venture, partnership, or agency relationship between them.
• Entire Agreement. This agreement, accepted upon clicking ‘I Accept’, contains the entire agreement between you and Next Wave Music regarding the use of this Service, and it supersedes all prior agreements, promises, representations, warranties, and understandings of the parties regarding the same subject matter. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Next Wave Music services, affiliate services, third-party content, or third-party software.
• Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or these Conditions that you bring must be acted upon within one (1) year after such claim or cause of action arose or be forever barred.
• Third Party Rights. Nothing in this agreement shall confer any rights or benefits to third parties.
• Privacy. These Conditions supersede the Privacy Policy in the event of any discrepancy between these Conditions and the Privacy Policy, these Conditions shall control. (The Privacy Policy is available at http://www.nextwavemusic.com/privacy.php.)
• Counsel. Although we have attempted to outline the above terms on which you may use the service in simple English, please be aware that these terms, if accepted by you, create a binding legal agreement between you and Next Wave Music. We recommend that before accepting these terms you print out a copy and review it with your attorney, manager and other representatives and if you have no such representatives that you seek other independent qualified guidance.

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