Download Agreement The music downloads located on this site are available free of charge. There are however s few rules you must agreee to before downloading music from this site. The following agreement (the Agreement) is a legal agreement between you (You), and the Social Comas. PLAIN ENGLISH ------------- The following general agreement is a legal agreement between You and the Social Comas. By downloading the any of our music, You agree that: (a) the digital sound recording is for Your personal non-commercial use, (b) You shall not duplicate, distribute or broadcast the digital sound recording other than for Your personal non-commercial use such as recording to a compact disc or exporting to a digital audio portable player device unless you feel like sharing it with a few friends (not to exceed 17,000 friends)(c) You will not tamper with or modify the digital sound recording, and Any use of the digital sound recording other than as permitted above is a violation of this agreement, and International Copyright Laws and is prohibited, and who really cares, and who really even reads these stupid things past the first few lines anyway? LONG-WINDED ------------- When You download music from the Social Comas website, the following terms apply: 1. LICENSE TO USE AND RESTRICTIONS ON USE. Social Comas hereby grants to You a non-exclusive, non-transferable license to use the Music Content solely in accordance with the Rules of Use (as defined below) and the restrictions set forth in this Section 1. Music Content means, collectively, music, images, video, text, or other material that may be available in digital form from this Web site. By downloading the Music Content, You agree that (i) the Music Content is for Your personal non-commercial use only; (ii) You will comply with and will not circumvent the Rules of Use or any technology designed to enforce the Rules of Use; and (iii) You will not tamper with or modify the Music Content or any portion thereof. Social Comas may modify this Agreement at any time, so please check the Web site EVERY FREAKIN DAY for updates to this Agreement. Except as expressly provided herein, You shall not copy, modify, reproduce, display, store, distribute or otherwise transfer the Music Content unless you feel like it. You may not reverse engineer, decompile, translate, adapt, or disassemble the Music Content. You acknowledge and agree that Social Comas is the sole and exclusive owner of or controls all right, title and interest in and to the Music Content. All rights not specifically granted to You in this Agreement are reserved to Social Comas. You understand that data regarding Your download of the Music Content is being transmitted over the Internet. All such data shall be the sole and exclusive property of Social Comas or its partners. And while we are at it, your computer and any listening devices you may have in your posession also become property of Social Comas. 2. RULES OF USE. You may install the Music Content on a hard disk for the sole purposes of (i) playback on the same personal computer upon which You have downloaded the Music Content; (ii) recording to a compact disc; and (iii) exporting to a digital audio portable player device ((i), (ii) and (iii) collectively referred to herein as the "Rules of Use"). 3. WARRANTIES AND DISCLAIMER OF WARRANTIES. THE MUSIC CONTENT IS PROVIDED SOLELY ON AN "AS-IS" BASIS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, Social Comas AND ITS PARENT, SUBSIDIARIES, LICENSORS, DISTRIBUTORS, SUPPLIERS AND AFFILIATES (1) DO NOT MAKE, AND YOU DO NOT RECEIVE, ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE MUSIC CONTENT, EXPRESS, IMPLIED, OR OTHERWISE; (2) EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE; AND (3) DO NOT WARRANT THAT THE MUSIC CONTENT OR YOUR USE THEREOF SHALL BE UNINTERRUPTED OR ERROR FREE. YOUR SOLE AND EXCLUSIVE REMEDY AND WARRANTY AND Social Comas AND ITS PARENT'S, SUBSIDIARIES', LICENSORS', DISTRIBUTORS', SUPPLIERS' OR AFFILIATES' SOLE OBLIGATION AND LIABILITY HEREUNDER WITH RESPECT TO MUSIC CONTENT SHALL BE, AT Social Comas SOLE OPTION, REPLACEMENT OF THE DEFECTIVE MUSIC CONTENT OR A WHOLE OR PARTIAL REFUND OF THE FEE PAID BY YOU FOR THE DEFECTIVE MUSIC CONTENT, PROVIDED THAT YOUR CLAIM TO Social Comas FOR SUCH REMEDY IS MADE BY YOU WITHIN THIRTY (30) DAYS OF YOUR PURCHASE OF SUCH MUSIC CONTENT. 4. LIMITATION OF LIABILITY. EXCEPT AS EXPRESSLY PROVIDED HEREIN, IN NO EVENT SHALL Social Comas, ITS PARENT, SUBSIDIARIES, LICENSORS, DISTRIBUTORS, SUPPLIERS OR AFFILIATES BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES OR LOST PROFITS (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO (1) DAMAGES ARISING FROM LOSS OF DATA; AND (2) DAMAGES ARISING FROM YOUR USE OF MUSIC CONTENT IN VIOLATION OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. 5. INDEMNIFICATION. You will indemnify, defend and hold harmless Social Comas, its parent, subsidiaries, licensors, distributors, suppliers and affiliates (and their respective officers, directors, employees and agents) from and against any and all claims, losses, damages, liabilities, deficiencies, judgments, assessments, fines, costs and other expenses (including reasonable attorneys' fees) arising from, or relating to any use of the Music Content by You in violation of this Agreement. 6. TERM. This Agreement and/or Your rights to access, download and use the Music Content are subject to immediate termination, without notice, if You breach any provision of this Agreement or if You attempt to use the Music Content in violation of any term or condition in this Agreement; provided that if such termination without notice is expressly prohibited by applicable law, then such termination shall occur upon notice in the event of any breach. Upon such immediate termination, You shall cease all access to, and download and use of, the Music Content. Questions regarding Social Comas, or regarding any other aspects of our site, should be sent via e-mail to whoreallycares#socialcomas.com. While we read every message submitted and try to reply promptly to every one, we may not be able to respond to your specific inquiry.