ACCEPTANCE OF TERMS OF USE

THIS AGREEMENT ('AGREEMENT') IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU ('YOU' OR 'YOUR') AND MP3ROCKET INC ('MP3ROCKET', 'OUR,' 'US,' 'WE') REGARDING YOUR ACCESS TO AND USE OF THE MP3ROCKET.ME WEBSITE ('WEBSITE') AND THE MP3ROCKET SOFTWARE ('SOFTWARE'). YOU MUST READ THIS AGREEMENT CAREFULLY PRIOR TO DOWNLOADING THE SOFTWARE. BY DOWNLOADING AND ACCESSING THE SOFTWARE, YOU ARE CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OUTLINED BELOW.

MP3ROCKET USERS
IMPORTANT NOTICE: Downloading the Software does not constitute permission or a license for obtaining or distributing unauthorized files. It is illegal for You to distribute copyrighted files without permission. When You download the Software You agree that You will not use the Software for the purpose of copyright infringement.

Original works of authorship, including literary, dramatic, musical, artistic, and certain intellectual compositions are protected by copyright law. If a person publicly performs, reproduces, distributes copies, or displays works without consent of the copyright owner, they could be in violation of the law. Please ensure that you are aware of, respect and comply with all copyright laws. Go to www.copyright.gov to learn more about U.S. copyright law. For more information on academic, music, movie, gaming, and webcast copyrights please visit the www.riaa.com, www.copyright.com, www.creativecommons.org, www.mpaa.org websites.

You agree that any and all downloading or converting will be limited to authorized format-shifting and space-shifting purposes and for personal, private, and non-commercial uses only. You agree that You will not share, distribute, or broadcast any files downloaded or converted with the Software in any way.

DESCRIPTION OF MP3ROCKET'S SERVICES
The Software and Website is a search technology that produces search results referencing media information and content located across the Internet. The Software and Website do not share, host, store, or provide any kind of content, including but not limited to, any video, audio or game content. The services provided by the Software are based on third party-websites. Any linked websites provided in the Software's search results are in no way connected to, under the control of, or associated with MP3Rocket. The Software is designed purely as an internet search, discovery and information tool. We are not a 'file sharing' site, or software, whether peer-to-peer or otherwise.

All multimedia, informational, educational, or social network content accessed by you while using the MP3Rocket Website and/or Software's search functionality is hosted and provided by external websites whose content is available to the general public. Those websites and their owners and operators are responsible for the content being hosted, stored, served and/or re-transmitted and such sites have the responsibility to serve and distribute the multimedia content they offer to the public. MP3Rocket and/or its developers do not maintain any relationship with the third party websites and therefore cannot be responsible for or control the content available on those sources. Because MP3Rocket does not own or have editorial control over third party websites, it is possible that Your Internet searches will link You to files on third party websites that have been posted without the copyright owner's authorization. You are responsible for ensuring that your activities comply with the law. To protect such copyright holders MP3Rocket supports DMCA Takedown Notice(s) and does not support technologies to circumvent Digital Rights Management 'DRM' security encryption.

Links on the Website or made via the Software to third party websites are not referrals or endorsements of the linked entities or their websites and the contents of such websites, but are provided solely for Your Internet search convenience. The Website and the Software's search results clearly list the third party website source of all the multimedia content provided and it is Your responsibility to read and accept of the 'terms of service' of each third party website before using the Software to access any content.

DIGITAL MILLENNIUM COPYRIGHT ACT
MP3Rocket is committed to respecting and protecting the legal rights of copyright owners. As such, MP3Rocket adheres to the following notice and take down policy, in full compliance with Sections 512(c) and/or 512(d) of the DMCA (17 U.S.C. . 512 et seq.). If You believe any of the Website's content infringes upon Your intellectual property rights, please submit a notification alleging such infringement (hereafter a 'DMCA Takedown Notice'). To be valid, a DMCA Takedown Notice must (i) be provided to MP3Rocket's designated agent, ('Copyright Agent'), as set forth below, and (ii) include the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that, under penalty of perjury, the information in the notification is accurate and You are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
MP3Rocket's Copyright Agent for the purpose of receiving DMCA Takedown Notices is: MP3Rocket Support. Please email all takedown notices to: copyright[at]mp3rocket.me. For clarity, DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on the Website. You acknowledge that in order for MP3Rocket to be authorized to take any action, Your DMCA Takedown Notice must comply with all of the foregoing requirements.

MP3ROCKET USER PRIVACY
MP3Rocket respects the privacy of its users. MP3Rocket does not log IP addresses and/or any other identifying information. However, your Internet Service Provider (ISP) may be required to disclose such information.

MODIFICATION
MP3Rocket reserves the right to change these terms and conditions from time to time at its sole discretion, without prior notice, by posting such revised terms and conditions on the website. It is Your obligation to routinely review these terms and conditions and Your continued use of the website following any such change (whether or not You have reviewed such change) constitutes Your binding acceptance to follow and be bound by the terms and conditions as changed.

THE PRO SOFTWARE
The fee charged by MP3Rocket entitles You to the PRO version of the Software and for the technical support provided. Due to different user hardware and user connectivity speeds, the PRO Software makes no download speed performance guarantees or the availability of specific files on third party sites to You.

You are responsible for obtaining and maintaining all computer hardware, software, and communications equipment needed to access the Software. In order to use the Software You are responsible for obtaining and maintaining Your own access to the Internet. You are responsible for paying all fees required by Your Internet provider.

TECHNOLOGICAL AND USE LIMITATIONS
MP3Rocket will make reasonable efforts to keep the Software operational. However, certain technical difficulties or routine site maintenance/upgrades may, from time to time, result in temporary service interruptions. MP3Rocket reserves the right at any time to modify or discontinue, whether temporarily or permanently, all or any part of the functions of the Software with or without notice to You. You agree that MP3Rocket shall not be liable to You or to any third party for any of the direct or indirect consequences of any permanent or temporary modification, suspension, discontinuance of, or interruption to the Software.

INTELLECTUAL PROPERTY RIGHTS
Creative Commons™, Google™, YouTube™, Yahoo™, Bing™, Facebook™, Twitter™, Crackle™, and Radio-Locator™, etc. are registered trademarks and MP3Rocket is not affiliated or associated with any media, multimedia, or social networking sites and confirms that such names are registered trademarks and the property of their respective owners.

SUBSCRIPTION E-MAILS
MP3Rocket is a direct marketer that delivers email messages to its subscribers. All information voluntarily provided to MP3Rocket by a registrant may be used to support our marketing partner’s data services business. These services include the provision of personally identifiable data to marketing companies, advertising agencies, data compilers, data companies, and, to the extent permitted by law, individual reference, email marketers and look-up service programs. Such information may be used by such companies to provide users via email with information on products and services that may be of interest to them. Users may unsubscribe to electronic mailings sent by us at any time by following the instructions contained at the end of every MP3Rocket newsletter or mailing. Users wishing to unsubscribe from MP3Rocket messages may reply to the message with the word 'remove' in Your email message subject line or by clicking the 'remove yourself from future email here' link.

COPPA
You are not allowed to install the Software if You are under the age of 18. MP3Rocket complies with the Children's Online Privacy Protection Act of 1998. Advertisers and Publishers are also obligated to comply with COPPA.

If You inform MP3Rocket that MP3Rocket has collected or received information from a child under 18, MP3Rocket will delete such information immediately from its databases. None of MP3Rocket Websites are specifically directed to children under 18. MP3Rocket shall not knowingly distribute to third parties any personally identifiable information erroneously collected from children under 18.

SUPPORT
Subject to the terms hereof, MP3Rocket will provide You with email support services for the Software. Under no circumstances will MP3Rocket have any obligation to provide You with hard-copy documentation, upgrades, enhancements, modifications, or phone, chat or other support.

MP3Rocket Support
701 Rossland Road East Ste 363
Whitby, Ontario L1N 9K3
Canada
support[at]mp3rocket.me

CANCELLATION
If, for any reason, You are not completely satisfied with Your membership, You may cancel at any time with no further obligations. To request a cancellation of Your account, send an email to support[at]mp3rocket.me with 'Cancellation' in the subject line.

Refund Policy: You will receive a refund of the Software purchase price and any upgrades within 60 days of the purchase date. Refund requests must be made by either:

(1) Online by sending an email to support[at]mp3rocket.me, or

(2) Contacting our billing agent, toll-free, at (866) 600-0388*

*Billing inquiries ONLY. Please do not call for technical support, technical support is only available to PRO Software members by email.

To receive a refund please provide the following information:

Full name
Email address
Transaction ID
Date of transaction
Last four digits of the card used for the transaction
The reason for the cancellation
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED ON AN 'AS IS' AND AN 'AS AVAILABLE' BASIS. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SOFTWARE, THE WEBSITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE SOFTWARE, OR THE WEBSITE, OR ANY PORTION THEREOF, EXPRESS, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE MATERIAL, AND ALL SOFTWARE PROVIDED BY MP3ROCKET, IS BORNE EXCLUSIVELY BY YOU. SHOULD THE MATERIAL, THE SOFTWARE, PRODUCT OR ANY OTHER SERVICE PROVIDED BY MP3ROCKET, PROVE DEFECTIVE AND/OR CAUSE ANY DAMAGE TO YOUR COMPUTER OR INCONVENIENCE TO YOU, YOU, AND NOT MP3ROCKET, ASSUME THE ENTIRE COST AND ALL DAMAGES THAT MAY RESULT DIRECTLY AND INDIRECTLY FROM ANY AND ALL SUCH DEFECTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. SOME STATES AND COUNTRIES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION. UNDER NO CIRCUMSTANCES, AND UNDER NO CAUSE OF ACTION OR LEGAL THEORY, SHALL THE MP3ROCKET, ITS SUPPLIERS, LICENSEES, RESELLERS, OR OTHER SUBSCRIBERS, OR THEIR SUPPLIERS, LICENSEES, RESELLERS OR SUBSCRIBERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES RESULTING FROM ANY USE OF MATERIALS OR OTHER USE OF THE WEBSITE OR SOFTWARE.