Listen to XYZ Radio!Software Disclaimer
XYZMP3.com INC, XYZPSP.COM and XYZRADIO. is not responsible for any incorrect or inaccurate Content posted on or made available through the Services by anyone else, whether caused by Registered Users or by any of the equipment or programming associated with or utilized in the Services. XYZMP3.com INC. is not responsible for the conduct, whether online or offline, of any user of the Services. XYZMP3.com INC. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Registered User communication. XYZMP3.com INC. is not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Website or combination thereof, including, without limitation, any injury or damage to Visitors and/or Registered Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall XYZMP3.com INC. be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of the Services or from any Content posted on the Services or transmitted to Registered Users, or any interactions between Registered Users of the Services, whether online or offline.
THE SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE. XYZMP3.COM INC. XYZRADIO and XYZPSP.COM EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, XYZMP3.COM INC. MAKES NO WARRANTY THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
Limitation on Liability
IN NO EVENT SHALL XYZMP3.COM INC. BE LIABLE TO YOU OR FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF XYZMP3.COM INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, XYZMP3.COM INC.'S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO SERVICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF FIFTY US DOLLARS ($50) AND THE AMOUNTS (IF ANY) YOU PAID TO XYZMP3.COM INC. FOR THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM.
XYZMP3.com does not manufacture the hardware devices our software is designed to run on and at any given time, without notice, the manufacturer of the hardware can remove, disable, update their firmware, and/or make changes to the device that would make our software inoperable. XYZMP3.com XYZPSP.COM and XYZRADIO does not guarantee, nor is it liable for, its software will run if such changes are made and will not return any development funds or service contract funds for such incidents mentioned above. XYZMP3.com, XYZPSP.COM or XYZRADIO will not rebuild or replace your application if such incidents happen.
Release
You hereby release XYZMP3.com INC., its officers, employees, agents and successors from claims, demands, any and all losses, damages, rights, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) any interactions with other Registered Users, or (ii) your participation in any offline XYZMP3.com INC. event.
You hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor" and you waive any other similar provision of the laws of any other applicable jurisdiction.
Miscellaneous
Additional Terms. In order to participate in certain Services, you may be required to download software or Content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.
Amendments. XYZMP3.com INC. may modify this Agreement from time to time and such modification shall be effective: (1) upon posting by XYZMP3.com INC. on the Website, for all Registered Users who first use the Services affected by such modification after the posting, or (2) thirty (30) days after posting by XYZMP3.com INC. on the Website, for all existing Registered Users of the affected Services. If you do not agree to the modifications, you must cease your use of the Services.
Survival. The provisions under the following headlines will survive termination of this Agreement for any reason: Definitions, Proprietary Rights, Copyright Policy, Disclaimers, Limitation on Liability, Releases, Miscellaneous.
Indemnity. You agree to defend, indemnify, and hold XYZMP3.com INC., its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your Content, out of your use of the Services in violation of this Agreement, and/or arising from your breach of any provision of this Agreement.
U.S. Export Controls. Content available in connection with the Services and XYZMP3.com INC. Online Store Items available through the XYZMP3.com INC. Online Store are subject to United States export controls. No Content may be downloaded from the Services and no XYZMP3.com INC. Online Store Items may be shipped, or otherwise exported or re-exported in violation of U.S. export laws. By downloading or using the Content or by ordering XYZMP3.com INC. Online Store Items through the XYZMP3.com INC. Online Store, you represent and warrant that such download, ordering, or use is not in violation of any such law.
Governing Law and Arbitration. This Agreement shall be governed by the laws of the State of Texas without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Any claim or dispute in connection with this Agreement shall be resolved in a cost effective manner through binding non-appearance-based arbitration. The arbitration shall be initiated through an established alternative dispute resolution provider mutually agreed upon by the parties. The alternative dispute resolution provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the foregoing arbitration clause does not apply for any reason, you agree to submit to the personal jurisdiction of the state courts located within Travis County, Texas, and the federal courts of the Central District of Texas, Austin Division for the purpose of litigating all such claims or disputes, which courts shall have exclusive jurisdiction of such claims or disputes. Notwithstanding the foregoing, XYZMP3.com INC. may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
Other. This Agreement is accepted upon your use of the Website or any of the Services or by you registering to be a Registered User. This Agreement constitutes the entire agreement between you and XYZMP3.com INC. regarding the use of the Services. Your use of Software provided by XYZMP3.com INC. is governed by the applicable license agreement provided by XYZMP3.com INC. in connection with the Software. The failure of XYZMP3.com INC. to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any unauthorized use of any XYZMP3.com INC. computer systems is a violation of this Agreement and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. S 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement. You may also receive a copy of this Agreement (in ASCII text format) by e-mailing us at: info@XYZMP3.com
Copyright/Trademark Information. Copyright © 2006 - 2008, XYZMP3.com INC.. All rights reserved. The trademarks, logos and service marks ("Marks") displayed on the Services are the property of XYZMP3.com INC. or other third parties. You are not permitted to use these Marks without the prior written consent of XYZMP3.com INC. or such third party which may own the Mark. Sony Playstation Portable® "PSP®" is a registered trademark of Sony. XYZPSP XYZRADIO and XYZMP3.COM has no affiliation with Sony or Sony Computer Entertainment of America.
XYZMP3.COM INC. owns and operates XYZMP3.com XYZPSP XYZRADIO.