THIS IS A LEGAL AGREEMENT BETWEEN YOU, MUSICNET, INC. (“MUSICNET”) AND YAHOO! INC. (“YAHOO”) STATING THE TERMS THAT GOVERN YOUR USE OF THE “YAHOO! MUSIC UNLIMITED” SERVICE THROUGH THE YAHOO WEBSITE (HEREINAFTER REFERRED TO AS THE “SITE”). THESE TERMS OF SERVICE AGREEMENT TOGETHER WITH THE TOS (AS DEFINED IN SECTION 2 BELOW), ANY UPDATES THERETO, SOFTWARE LICENSES, AND ALL OF YAHOO’S RULES AND POLICIES (INCLUDING AS PROVIDED IN ANY APPLICATION FAQ) COLLECTIVELY CONSTITUTE THE “AGREEMENT” BETWEEN YOU, YAHOO AND MUSICNET. TO AGREE TO THESE TERMS, CLICK “AGREE.” IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “AGREE,” AND DO NOT USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS BY YOU ARE NOT ACCEPTABLE, AND YAHOO MAY REFUSE ACCESS TO THE SERVICE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.
Definition of the Yahoo! Music Unlimited Service. Yahoo is the provider of the Yahoo! Music Unlimited Service, which includes a subscription music service (the “Subscription Service”), a permanent download music service (the “Permanent Download Service”), and an MP3 download music service (the MP3 Download Service”) (individually and collectively, as applicable, the “Service”) that permits you to access streams and downloads of digital content such as sound recordings, images, video, text and other material (all as determined by Yahoo in its sole discretion) through the Site, under certain terms and conditions as set forth in this Agreement.
Acceptance of Terms. The Service is provided to you under the terms and conditions of these Yahoo! Music Unlimited Terms of Service (“Additional Terms”) that supplement the Yahoo Terms of Service ("TOS") located at http://info.yahoo.com/legal/us/yahoo/utos/utos-173.html that are incorporated by reference. For clarity, the Subscription Service, the Permanent Download Service, and the MP3 Download Service is each a "Service" as defined in the Yahoo Terms of Service. Yahoo! reserves the right to update and change, from time to time, these Additional Terms and all documents incorporated herein by reference. You can always find the most recent version of these Additional Terms at http://info.yahoo.com/legal/us/yahoo/music/musictos/musictos-280.html and the most recent versions of the Yahoo Terms of Service at the URL listed above.
Yahoo ID Requirement. To access the Service, you must have a valid Yahoo ID. If you do not have a Yahoo ID, you will be prompted to complete the registration process before you can access the Service. You agree that: (a) the information you provide is valid, accurate, current and complete, and (b) you will maintain and promptly update that information to keep it true, accurate, current and complete.
Age requirements for use of the Service. The Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand and agree to these terms and conditions.
Objectionable Material. You understand that by using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Service at your sole risk and that MusicNet, Yahoo, and their licensors shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
System Requirements. Use of the Service requires a compatible device, Internet access (fees may apply), operating systems and certain software (fees may apply) including the Yahoo! Music Jukebox (the “Software”), or hardware, and may require obtaining updates or upgrades from time to time. Because use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Service is not part of any other product or offering, and obtaining any other product shall not be construed to represent or guarantee you access to the Service. Once Content (as defined in Section 7 below) is accessed and you receive the Content, it is your responsibility not to lose, destroy, or damage the Content, and MusicNet, Yahoo shall be without liability to you in the event of any loss, destruction, or damage.
Agreement Regarding Usage Rules. The Usage Rules (as defined in Section 9 below) differ for the Subscription Service, the Permanent Download Service, and the MP3 Download Service, and are as described in Sections 10 and 11 below, respectively. You agree that your streaming and downloading of sound recordings, information related to the sound recordings, video and artwork in connection with the Service (collectively, the “Content”) is further acknowledgement of your acceptance of and agreement to use such Content solely in accordance with the applicable Usage Rules as set forth below, and that any other use of the Content will constitute a breach of this Agreement and may constitute a violation of law, including copyright infringement. You acknowledge and agree that the Content may include security technology (including as referenced in Section 9 below) which is an inseparable part of the Content. The applicable Usage Rules shall govern your rights with respect to the Content, in addition to any other terms or rules that may have been established between you and another party. MusicNet and Yahoo reserve the right to modify the Usage Rules at any time. The Service and the Content are only for your personal, non-commercial use and are non-transferable (except as otherwise expressly authorized by Yahoo).
You acknowledge that some aspects of the Service, Content, and administering of the Usage Rules entails the ongoing involvement of and/or monitoring by MusicNet, Yahoo and/or their licensors. Accordingly, in the event that MusicNet, Yahoo or any of their licensors changes any part of the Service or discontinues the Service (or any part thereof), which MusicNet, Yahoo or their licensors may do at their election, you acknowledge that you may no longer be able to use Content to the same extent as prior to such change or discontinuation, and that neither MusicNet nor Yahoo shall have any liability to you in such case. Availability of any Content is subject to change at any time.
The Subscription Service will be customized for you. As stated, to access the Subscription Service, you must obtain a Yahoo! ID and password. This information is transmitted to and collected by Yahoo! when you sign in to verify your identity. Furthermore, Yahoo! may collect information regarding your use of the Software and Subscription Service on an ongoing basis to customize your experience, including marketing and advertising. This information may be sent from your computer to Yahoo via a third party. Information necessary to operate the Subscription Service or Software may be sent to third parties.
The Yahoo! Music Jukebox contains menu items that access features of the Yahoo! Music Jukebox, including links to certain websites, song files and artist pages. Yahoo collects information regarding your use of the features on the Yahoo! Music Jukebox. From time to time, some menu item buttons may be used to advertise or promote products and services. Also, as is generally the case with all websites, websites you visit through links on the Music Jukebox may contain banner advertisements, paid links or other promotions.
The Yahoo! Music Jukebox contains a search box that returns search results pages in response to queries that you may enter. All queries that are submitted by you through the search box are transmitted to and collected by Yahoo!. Search results pages will often contain advertising in the form of sponsored search results, banner advertisements or other promotions. Advertising shown to you on the search results pages may be related to the search query you entered.
Security. You understand that the Service, and products accessed through the Service, such as Content, and the Software, includes a security framework using technology that is designed to protect digital information and limits your access and use of Content according to certain usage licensing rules established by MusicNet, Yahoo and their licensors and will govern your rights with respect to that Content (“Usage Rules”). You agree to comply with such Usage Rules, as further outlined below, or as set forth in the Terms of Service or in the FAQ, and you agree not to violate the Usage Rules or attempt to violate any security components of the Service, Content or Software. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever. Usage Rules may be controlled and compliance with Usage Rules may be monitored by MusicNet, Yahoo and/or their licensors, and MusicNet, Yahoo, and their licensors reserve the right to enforce the Usage Rules with or without notice to you. You will not access or use the Service by any means other than through the Software that is provided by MusicNet and/or Yahoo for accessing the Service. You agree not to modify the Software or Content in any manner or form, or to use modified versions of the Software, for any purposes including obtaining unauthorized access to the Service. Violations of system or network security, including without limitation the Usage Rules, may result in civil or criminal liability. Such rules and policies will be applied generally in a nondiscriminatory manner to users of the Service and Software, and may include, for example, required or automated updates, modifications, and/or reinstallations of the Software and obtaining available patches to address security, interoperability, and/or performance issues. Failure to permit such updates, modifications and/or reinstallations may result in interruption or termination of the Service without notice to you.
The Subscription Service
Description. The Subscription Service is the digital music service offered to you for a monthly fee which, when paid, will enable you to engage in unlimited on-demand streaming, conditional downloading, and LAUNCHcast Radio Plus. You may engage in unlimited on-demand streaming by listening either to any of the full songs or to :30 second samples from the available catalog as many times as you choose for personal non-commercial use (“On-Demand Streams”). Conditional Downloading means downloading of Content to your hard drive which may be accessed by you for personal non-commercial use for the duration of your subscription (‘Conditional Download”). As long as you maintain your monthly subscription, you will have the ability to continue to download such Content to your hard drive and to listen to your library of Conditional Downloads as many times as you choose. Subject to a monthly renewal of your rights (as provided in subsection (b) below), you are not required to be on-line to access Conditional Downloads.
Usage Rules for the Subscription Service. You may copy each Conditional Download to up to two additional personal computers (i.e. a total of 3 copies). Additionally, you may copy each Conditional Download to up to 2 portable devices provided such devices adhere to the Usage Rules and security requirements, as may be established by MusicNet, Yahoo and/or their licensors from time-to-time. If you wish to transfer Conditional Downloads to portable devices, you may be required to “opt-in” to that tier of the service, and additional fees may be assessed as provided on the Site and may be subject to change without notice from time-to-time. If you wish to burn Conditional Downloads to CDs you will need to pay for them as Permanent Downloads (per the terms described below). You may not record or redistribute On-Demand Streams. MusicNet will automatically renew your rights to all of your Conditional Downloads at the beginning of each month that you are a subscriber so long as your subscription remains current. This means that in order to play any Conditional Download after the end of a month, you must log on to the Service so that MusicNet can renew your rights for that Content.
Subscription Service Fees. By completing the Subscription Service registration, you authorize Yahoo to charge the recurring subscription fee to your designated credit card. Payment for the Subscription Service occurs on a pre-pay basis. Monthly subscribers are billed monthly, commencing upon Subscription Service registration (or at the end of any promotional free trial period). Annual subscribers are billed annually, commencing upon Subscription Service registration (or at the end of any promotional free trial period). At the end of each billing period, depending on the subscription plan you select, your subscription will automatically renew at the then-current rate for the same term, unless you tell us to cancel. The credit or debit card you register to access Yahoo! Music Unlimited or that is charged for the original subscription will be automatically charged on the anniversary date of your initial registration for a renewal term of the same duration (i.e., monthly or annually) as your original subscription. All subscription fees are subject to change, in the sole discretion of Yahoo. You will receive at least 10 days advance notice of any change in fees. If you do not accept the new fees, you must terminate your subscription before your subscription is renewed. In order to cancel your subscription before it is renewed, follow the directions at http://help.yahoo.com/l/us/yahoo/music/jukebox/myaccount/myaccount05.html .Any such cancellation will result in the termination of your ability to access the Subscription Service at the end of the term for which you have paid or at the conclusion of any free trial period, as applicable.
Trial Offer Pre-Authorizations. You may be required to provide your credit or debit card number to register for a trial offer to the Subscription Service. You agree that Yahoo may obtain prior authorization from the issuer of your credit or debit card to charge the applicable subscription fee in the event you do not cancel your subscription to the Service on or before the completion of your free trial. A prior authorization is not a charge; it is simply a guarantee from your bank that it will make the necessary funds available in the event you continue your subscription. Each bank has its own policy with respect to how it treats pre-authorized funds. Even though the preauthorization is not an actual charge, some financial institutions may treat pre-authorized funds as pending charges and accordingly may temporarily reduce your total available credit by the amount of funds subject to the preauthorization. Because these policies are established by banks and not by Yahoo!, Yahoo! is not responsible for any consequences that may occur as a result of your bank’s practices, including (but not limited to) the imposition of overlimit fees or the temporary unavailability of a portion of your credit line.
Community features. Subscribers to Yahoo! Music Unlimited are encouraged to use the service to discover new music and share their music listening experience with their friends. The Subscription Service offers features designed to enhance this experience, allowing subscribers to listen to friends’ playlists, discuss music with their friends on Yahoo! Messenger, listen to their Messenger friends’ music collections, and send a link to a song to other subscribers. These community features do not enable or permit users to copy and transfer music files to other users, and such uses are expressly prohibited.
Termination of the Subscription Service. If (a) your credit card is invalid for any reason, (b) you charge back to your credit card the fees due under these Additional Terms, (c) it appears you have engaged in cheating or manipulation of the Subscription Service, (d) Yahoo otherwise believes you have acted inconsistently with the spirit or letter of this Agreement, or (e) the license agreement between you and Yahoo with respect to the Software is terminated for any reason, then, your Subscription Service account will be suspended or cancelled immediately and all the information contained within it will immediately become inaccessible. Yahoo may, but has no duty to, immediately terminate the Subscription Service if Yahoo in its sole discretion concludes that you have provided false information in connection with your registration. Yahoo accepts no liability for information (whether or not related to the Service or Software) that is deleted or otherwise impacted due to termination. If your Subscription Service account is cancelled pursuant to this provision, you will not receive a refund.
Permanent and MP3 Download of Content
Description. The Permanent Download Service is the Service that provides Content that is capable of being downloaded to and stored on the hard drive of your computer and then transferred, burned or copied, solely for personal, noncommercial use subject to the terms and conditions below (“Permanent Downloads”). The MP3 Download Service is the Service that provides Content that is capable of being downloaded to and stored on the hard drive of your computer and then transferred, burned or copied, solely for personal, noncommercial use subject to separate terms and conditions below.
Usage Rules for:
Permanent Download Fees. Permanent and MP3 Downloads may be purchased individually, collectively as albums, or, in some cases, only in the form of an album. However, each purchase of a Permanent or MP3 Download shall be deemed a final, nonrefundable sale. You do not need to be a subscriber to the Subscription Service in order to buy Permanent or MP3 Downloads. The charges for Permanent and MP3 Downloads are indicated on the Site with respect to each Permanent Download, whether sold individually or as part of an album. All payments for Permanent or MP3 Downloads (including any applicable taxes) must be made by credit card. Prices for Permanent and MP3 Downloads are subject to change without notice.
Territory. The Service is currently available only in the 50 United States, the District of Columbia, U.S. Military Bases worldwide and Puerto Rico (collectively, the “Territory”) and is not available in any other location. You agree not to use or attempt to use the Service from outside of the Territory, and that MusicNet, Yahoo and/or their licensors may use technologies to verify your compliance.
Delivery of Content. On occasion, technical problems may delay or prevent delivery of Content or otherwise interrupt or limit your access to Content. Your exclusive and sole remedy with respect to Content that is not delivered or otherwise accessible within a reasonable period will be either replacement of such Content or a refund on a pro rata basis, as determined by Yahoo.
Acknowledgement of Ownership. You agree that the Service and the Site, including, but not limited to, Content, graphics, and editorial content, contains proprietary information and material that is owned by MusicNet or Yahoo and/or their licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. No portion of the Service or the Site may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS EXPRESSLY PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY PROHIBITED AND ANY NON-PERMITTED USE INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS (INCLUDING YAHOO, MUSICNET AND THEIR LICENSORS) AND MAY SUBJECT YOU TO CIVIL AND/OR CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
Removal of Content or Other Materials. Notwithstanding any other provision of this Agreement, MusicNet, Yahoo and their licensors reserve the right to change, suspend, remove, or disable access to any products, Content, or other materials comprising a part of the Service or Site at any time without notice. In no event will such parties be liable for the removal of or disabling of access to any such products, Content or materials under this Agreement. MusicNet and Yahoo and their licensors may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.
Trademarks. MusicNet, the MusicNet logo and other MusicNet trademarks, service marks, graphics, and logos used in connection with the Service or Site are trademarks or registered trademarks of MusicNet, Inc. in the U.S. and/or other countries. Yahoo, its logos and trademarks, service marks, graphics, and logos used in connection with the Service or Site are trademarks or registered trademarks of Yahoo! Inc. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service or Site may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks, service marks, graphics, and logos.
Termination by MusicNet or Yahoo. If you fail, or MusicNet or Yahoo suspects that you have failed, to comply with any of the provisions of this Agreement, including violation of the Usage Rules or any license to the Software, or if you have distributed your password or account information to any third party, or you have engaged in conduct that is inconsistent with the best interests of MusicNet or Yahoo, MusicNet or Yahoo, then at their discretion, without notice to you may: (i) terminate this Agreement and/or (ii) terminate the license to the Software; and/or (iii) preclude access to the Service (or any part thereof including without limitation any Content downloaded in connection therewith).
Termination of the Service. Yahoo and MusicNet reserve the right to modify, suspend, or discontinue the Service (or any part thereof, including without limitation access to any of the Content) at any time with or without notice to you, and neither Yahoo nor MusicNet will be liable to you or to any third party should either such party exercise such rights.
General Compliance with Laws. The Service is controlled and operated by Yahoo and MusicNet from their offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.
Enforcement of These Terms. MusicNet and Yahoo reserve the right to take steps MusicNet or Yahoo believe are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to automated monitoring of compliance, MusicNet’s and Yahoo’s right to cooperate with any legal process relating to your use of the Service, and/or a third party claim that your use of the Service is unlawful and/or infringes such third party’s rights).
Disclaimer of Warranties; Liability Limitations.
MUSICNET AND YAHOO DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME MUSICNET OR YAHOO MAY REMOVE OR OTHERWISE LIMIT ACCESS TO THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND CONTENT, PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL MUSICNET, YAHOO, THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, MUSICNET’S AND YAHOO’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
MUSICNET AND YAHOO SHALL USE REASONABLE EFFORTS TO PROTECT PERSONAL INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF ANY INFORMATION IS AT YOUR SOLE RISK, AND MUSICNET AND YAHOO HEREBY DISCLAIM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
NONE OF MUSICNET, YAHOO, NOR THEIR LICENSORS REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND MUSICNET AND YAHOO DISCLAIM ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.
Waiver and Indemnity. BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD MUSICNET, YAHOO, THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, FRANCHISEES AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE OR SITE, OR ANY ACTION TAKEN BY MUSICNET, YAHOO OR THEIR LICENSORS AS PART OF THEIR INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF EITHER COMPANY’S FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. YOU HEREBY WAIVE ANY RIGHT TO SUE OR RECOVER ANY DAMAGES FROM MUSICNET, YAHOO, THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, FRANCHISEES AND LICENSORS AS A RESULT OF EITHER COMPANY’S DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF MUSICNET OR YAHOO’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT MAY HAVE OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
Changes. MusicNet and Yahoo reserve the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service (all together “Modified Terms”). Such Modified Terms will be effective immediately and incorporated into this Agreement. Your continued use of the Service will be deemed to constitute your acceptance of any and all such Modified Terms. All Modified Terms are hereby incorporated into this Agreement by this reference.
Governing Law. The laws of the State of California, excluding its conflicts of law rules, govern this Agreement and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. You expressly agree that courts in the State of California shall exercise exclusive jurisdiction for any claim or dispute brought by you with respect to MusicNet or Yahoo or relating in any way to your use of the Service.
Miscellaneous. This Agreement constitutes the entire agreement among you, Yahoo and MusicNet regarding the Service and governs your use of the Service. You also may be subject to additional terms and conditions that may apply when you use the Site, affiliate services, third-party content, the Software, or other software, including, but not limited to services, software and content of Yahoo. If any part of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. MusicNet’s or Yahoo’s failure to enforce any right or provisions in this Agreement does not constitute a waiver of such provision, or any other provision of these Additional Terms. None of MusicNet, Yahoo nor any of their licensors are responsible for failures to fulfill any obligations due to causes beyond their control. Unless otherwise expressly stated, in the case of any conflict between these Additional Terms and any other document (including without limitation the TOS), these Additional Terms shall govern.