The following terms and conditions of website and music use ("Terms and Conditions") shall govern your use of the Café Audio LLC ("Cafe Audio") website located at www.cafeaudio.net and all sub-domains thereof (collectively, the "Site"). We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Site. In addition, we reserve the right, for any reason, in our sole discretion, to terminate, change, suspend, or discontinue any aspect of the Site, including, but not limited to, specific music offered on the Site ("Music"), or other content, which can include information, data, text, music, sound, photographs, graphics, video, messages, or other materials ("Content"). to musical compositions and sound recordings ("Cafe Audio") that are organized into music libraries; and Company desires to review and synchronize certain Cafe Audio Music into productions actually produced and/or owned by Company or, if Company is a post production facility or ad agency, productions produced and/or owned by clients of Company ("Productions") and to exploit completed Productions that incorporate Cafe Audio. Any references to "you" and "your" refer to you, as a user of the Site. References to "we", "us" and "our" refer to Cafe Audio. BY ACCESSING AND/OR USING THE SITE, INCLUDING REGISTERING FOR AN ONLINE ACCOUNT, INTERACTING WITH THE SITE, OR SUBMITTING FEEDBACK THROUGH THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. 1. Rights Grant. (a) Cafe Audio hereby grants you a limited non-exclusive right to use the Site solely for the purposes of researching, auditioning, reviewing, organizing, sharing, downloading and licensing of Music. The Site may not be used for any other purpose without the express written permission of Cafe Audio. (b) By downloading Music, you agree that if you use or wish to use Music in a production or in any other way, you either will operate under an existing licensing agreement or arrangement with Cafe Audio directly or through an authorized representative of Cafe Audio that covers your production, or you will contact Cafe Audio no later than thirty days after use of Music to arrange for a license from Cafe Audio. Unless an agreement or arrangement with Cafe Audio directly or through an authorized representative of Cafe Audio already exists or is negotiated by Cafe Audio and you, you will be responsible for paying Cafe Audio’s then current rate card for the use of Music. For the avoidance of doubt, the use of Music without a valid license from Cafe Audio could constitute an infringement of Cafe Audio’s rights. (c) Certain Music represented by Cafe Audio contains restrictions on their use. Music from these music libraries cannot be used in circumstances which may result in injury to the reputation of, or damage the goodwill of other Production Companies. Without limiting the foregoing, Music from these music libraries or any part thereof may not be licensed for or otherwise be used in connection with, or in any way related to, a lottery, casino, any type of gambling or wagering activity, pornographic or adult entertainment productions, or in or as part of any production marketed, advertised, distributed, or sold as part of or in association with any of the foregoing. All decisions by Cafe Audio regarding the appropriateness of the use of Music from these music libraries in a production shall be final. 2. User Conduct. You represent and warrant that: (a) since user names and passwords are unique to individuals and not to be shared by more than one individual, you shall not share your Site credentials with any other user or individual, including your user name/ID and password without the written consent of Cafe Audio; (b) you are at least 18 years old; (c) while using the Site, you shall not upload, post, or transmit to or distribute or otherwise publish through the Site any materials that: (i) are protected by third party copyright, or other proprietary or intellectual property right, or derivative works thereof, except as provided herein or without first obtaining permission from us; (ii) are unlawful, threatening, harassing, invasive of another's privacy or publicity rights, obscene or that contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals); (iii) restrict or inhibit any other user from using and enjoying the Site; (iv) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; or (v) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact. (d) you will not engage in the following conduct: (i) reverse engineering, decompiling or disassembling the Content or otherwise attempting to obtain its source code; (ii) spamming, spoofing, or flooding, harvesting of e-mail addresses or other personal information or any other activity with the purpose of obtaining lists of users or other information, or sending chain letters or pyramid schemes via the Site; or (iii) impersonating anyone, or misrepresenting who you are, or your affiliation with any other person or entity. 3. Proprietary Rights. Cafe Audio is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the Content and/or information it publishes on the Site, unless otherwise indicated. Except as otherwise provided herein, your use of the Site does not grant to you any ownership to any Content, Music, features, data or other materials you may access on the Site. Any commercial uses of the Site, or of any Content, code, data or other materials on the Site, are strictly prohibited, except as allowed herein or otherwise approved by us directly or through an authorized representative of Cafe Audio. Notwithstanding anything to the contrary contained herein, the Site may contain some features that enable you to obtain rights to use certain content on the Site, such as Music and metadata. In such circumstances, your rights to use such content are limited to the rights expressly granted by Cafe Audio directly or through an authorized representative of Cafe Audio. You may not download, reproduce, or save a copy of any of the Content or screens for any purpose except as otherwise provided by Cafe Audio directly or through an authorized representative of Cafe Audio. If you make other use of the Site, except as otherwise provided above, you may violate copyright and other laws of the United States, applicable state laws, and laws of other countries, and you may be subject to liability for such unauthorized use, including for statutory damages under copyright. Cafe Audio will aggressively enforce its intellectual property rights to the full extent of the law, and seek criminal prosecution when necessary. Our display on the Site of trademarks, registered trademarks, service marks, copyrightable material, or any other intellectual property, does not give you any right or license to use them, without our express permission. 4. User’s Grant of Limited License. By submitting, posting or sending your own or third-party content, comments, suggestions, ideas, feedback or other material to Cafe Audio (collectively, “User Content”), you grant Cafe Audio the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Unless specifically requested, Cafe Audio does not solicit nor does it wish to receive any confidential, secret, or proprietary information from you. Any User Content submitted, posted or sent to Cafe Audio will be deemed to not be confidential or proprietary information. By submitting, posting or sending User Content to Cafe Audio, you represent and warrant that the information is original to you or otherwise that you have the right to submit or post the User Content (and if applicable, you have provided proper attribution). We are an online service provider with respect to User Content, and have no obligation to monitor the Site to determine whether any User Content infringes third-party rights or for any other purpose. However, we retain the right to monitor the Site, to remove any offending or infringing information, and to disclose any information as necessary or appropriate to satisfy any law, regulation, or governmental request, and for proper Site operation. In addition, we will follow any proper takedown notification (or counter-notification) under Section 512 of the US Copyright Act submitted to us relating to User Content. 5. Site Use. (a) When using the Site, you may be asked to provide certain information to Cafe Audio (such information referred to hereinafter as "User Information"). Cafe Audio’s use of any User Information shall be governed by the Privacy Statement. We urge you to read our Privacy Statement attached at the end of these Terms and Conditions and incorporated herein by reference and also found on the Site. You acknowledge and agree that you are solely responsible for the accuracy and content of such User Information. (b) Despite commercially and technologically reasonable safeguards used by Cafe Audio, you understand and acknowledge that no data transmitted over the Internet can be guaranteed to be 100% secure and we cannot guarantee that any personal information you submit to us will be free from unauthorized third party intrusion. You understand and agree that all information you submit to Cafe Audio or post to the Site is done so at your own risk. (c) Your access to the Site may be terminated at any time by Cafe Audio without cause unless specified otherwise in any agreement with Cafe Audio directly or through an authorized representative of Cafe Audio. You acknowledge and agree that we may deny you access to all or part of the Site without prior notice if you engage in any conduct or activities that we, in our sole discretion, believe to violate any of these Terms and Conditions, violate the rights of Cafe Audio, or are otherwise inappropriate for continued access. (d) At its sole discretion, Cafe Audio may periodically adjusts the Music made available to you based on the needs of the marketplace, the availability of rights and other business reasons. Cafe Audio also continually adds new Music. In the event that any Music will no longer be licensed by Cafe Audio,Cafe Audio will notify you that such Music is or will no longer be available to you through Cafe Audio. Upon receipt of such notification from Cafe Audio, it is your responsibility to remove all copies of said Music from its possession including digital copies of files on portable drives, local desk tops and any third party digital asset management systems utilized by you and all other areas where such tracks may be stored by you. Notwithstanding the above, any production into which such Music was used prior to the date of receipt of notice by you may continue to be exploited as per the terms and conditions hereof. (e) You may be able to link to third party websites (“Linked Sites”) from the Site. However, neither Linked Sites, nor in most cases hyperlinks, are reviewed, controlled or examined by Cafe Audio in any way and Cafe Audio is not responsible for the content, availability, advertising, products, information, or use of user information or other materials by any such Linked Sites, or any additional links contained thereon. These links do not imply Cafe Audio’s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms and conditions of service of the Linked Sites 6. DISCLAIMER OF WARRANTIES. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, MUSIC, FUNCTIONS, MATERIALS AND SERVICES, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OF CONTENT OR INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Cafe Audio DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES, OR CONTENT OR SERVICES CONTAINED THEREON WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. CAFE AUDIO MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS, CONTENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CAFÉ AUDIO OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. CAFE AUDIO DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SITE. CAFÉ AUDIO IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES WITHOUT THE DIRECT INVOLVEMENT OF CAFÉ AUDIO. 7. LIMITATION OF LIABILITY. IN NO EVENT SHALL CAFE AUDIO, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR MUSIC, CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MUSIC, MATERIALS AND FUNCTIONS RELATED THERETO OR FOUND THEREON, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA, OR SALES, EVEN IF CAFÉ AUDIO OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS, SUCH AS NEW JERSEY, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN CATEGORIES OF DAMAGES, SUCH AS PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF CAFE AUDIO TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO CAFE AUDIO FOR YOUR USE OF THE SITE. 8. Indemnification. To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold Cafe Audio, its directors, officers, employees, agents, and affiliates (collectively, “Cafe Audio Indemnitees”) harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site, or any Music or Content, in violation of these Terms of Use or Privacy Statement, or your placement or transmission of any User Content on or through the Site that violates these Terms of Use or Privacy Statement, or any action by you that results in a claim against the Cafe Audio Indemnitees. 9. Applicable Law/Jurisdiction. You agree that the laws of the State of California, excluding its conflicts-of-law rules, shall govern these Terms and Conditions. Please note that your use of the Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Cafe Audio or relating in any way to your use of the Site resides in the courts of Los Angeles County, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Los Angeles County, in connection with any such dispute and including any claim involving Cafe Audio or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers or Content providers. We control and operate the Site from our offices in the United States of America. We do not represent that Content or materials on the Site are appropriate or available for use in all other locations. Persons who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, to the extent local laws are applicable. Any references to "you" and "your" refer to you, as a user of the Site. References to "we", "us" and "our" refer to Cafe Audio. BY ACCESSING AND/OR USING THE SITE, INCLUDING REGISTERING FOR AN ONLINE ACCOUNT, INTERACTING WITH THE SITE, OR SUBMITTING FEEDBACK THROUGH THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. 1. Rights Grant. (a) Cafe Audio hereby grants you a limited non-exclusive right to use the Site solely for the purposes of researching, auditioning, reviewing, organizing, sharing, downloading and licensing of Music. The Site may not be used for any other purpose without the express written permission of Cafe Audio. (b) By downloading Music, you agree that if you use or wish to use Music in a production or in any other way, you either will operate under an existing licensing agreement or arrangement with Cafe Audio directly or through an authorized representative of Cafe Audio that covers your production, or you will contact Cafe Audio no later than thirty days after use of Music to arrange for a license from Cafe Audio. Unless an agreement or arrangement with Cafe Audio directly or through an authorized representative of Cafe Audio already exists or is negotiated by Cafe Audio and you, you will be responsible for paying Cafe Audio’s then current rate card for the use of Music. For the avoidance of doubt, the use of Music without a valid license from Cafe Audio could constitute an infringement of Cafe Audio’s rights. (c) Certain Music represented by Cafe Audio contains restrictions on their use. Music from these music libraries cannot be used in circumstances which may result in injury to the reputation of, or damage the goodwill of other Production Companies. Without limiting the foregoing, Music from these music libraries or any part thereof may not be licensed for or otherwise be used in connection with, or in any way related to, a lottery, casino, any type of gambling or wagering activity, pornographic or adult entertainment productions, or in or as part of any production marketed, advertised, distributed, or sold as part of or in association with any of the foregoing. All decisions by Cafe Audio regarding the appropriateness of the use of Music from these music libraries in a production shall be final. 2. User Conduct. You represent and warrant that: (a) since user names and passwords are unique to individuals and not to be shared by more than one individual, you shall not share your Site credentials with any other user or individual, including your user name/ID and password without the written consent of Cafe Audio; (b) you are at least 18 years old; (c) while using the Site, you shall not upload, post, or transmit to or distribute or otherwise publish through the Site any materials that: (i) are protected by third party copyright, or other proprietary or intellectual property right, or derivative works thereof, except as provided herein or without first obtaining permission from us; (ii) are unlawful, threatening, harassing, invasive of another's privacy or publicity rights, obscene or that contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals); (iii) restrict or inhibit any other user from using and enjoying the Site; (iv) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; or (v) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact. (d) you will not engage in the following conduct: (i) reverse engineering, decompiling or disassembling the Content or otherwise attempting to obtain its source code; (ii) spamming, spoofing, or flooding, harvesting of e-mail addresses or other personal information or any other activity with the purpose of obtaining lists of users or other information, or sending chain letters or pyramid schemes via the Site; or (iii) impersonating anyone, or misrepresenting who you are, or your affiliation with any other person or entity. 3. Proprietary Rights. Cafe Audio is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the Content and/or information it publishes on the Site, unless otherwise indicated. Except as otherwise provided herein, your use of the Site does not grant to you any ownership to any Content, Music, features, data or other materials you may access on the Site. Any commercial uses of the Site, or of any Content, code, data or other materials on the Site, are strictly prohibited, except as allowed herein or otherwise approved by us directly or through an authorized representative of Cafe Audio. Notwithstanding anything to the contrary contained herein, the Site may contain some features that enable you to obtain rights to use certain content on the Site, such as Music and metadata. In such circumstances, your rights to use such content are limited to the rights expressly granted by Cafe Audio directly or through an authorized representative of Cafe Audio. You may not download, reproduce, or save a copy of any of the Content or screens for any purpose except as otherwise provided by Cafe Audio directly or through an authorized representative of Cafe Audio. If you make other use of the Site, except as otherwise provided above, you may violate copyright and other laws of the United States, applicable state laws, and laws of other countries, and you may be subject to liability for such unauthorized use, including for statutory damages under copyright. Cafe Audio will aggressively enforce its intellectual property rights to the full extent of the law, and seek criminal prosecution when necessary. Our display on the Site of trademarks, registered trademarks, service marks, copyrightable material, or any other intellectual property, does not give you any right or license to use them, without our express permission. 4. User’s Grant of Limited License. By submitting, posting or sending your own or third-party content, comments, suggestions, ideas, feedback or other material to Cafe Audio (collectively, “User Content”), you grant Cafe Audio the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Unless specifically requested, Cafe Audio does not solicit nor does it wish to receive any confidential, secret, or proprietary information from you. Any User Content submitted, posted or sent to Cafe Audio will be deemed to not be confidential or proprietary information. By submitting, posting or sending User Content to Cafe Audio, you represent and warrant that the information is original to you or otherwise that you have the right to submit or post the User Content (and if applicable, you have provided proper attribution). We are an online service provider with respect to User Content, and have no obligation to monitor the Site to determine whether any User Content infringes third-party rights or for any other purpose. However, we retain the right to monitor the Site, to remove any offending or infringing information, and to disclose any information as necessary or appropriate to satisfy any law, regulation, or governmental request, and for proper Site operation. In addition, we will follow any proper takedown notification (or counter-notification) under Section 512 of the US Copyright Act submitted to us relating to User Content. 5. Site Use. (a) When using the Site, you may be asked to provide certain information to Cafe Audio (such information referred to hereinafter as "User Information"). Cafe Audio’s use of any User Information shall be governed by the Privacy Statement. We urge you to read our Privacy Statement attached at the end of these Terms and Conditions and incorporated herein by reference and also found on the Site. You acknowledge and agree that you are solely responsible for the accuracy and content of such User Information. (b) Despite commercially and technologically reasonable safeguards used by Cafe Audio, you understand and acknowledge that no data transmitted over the Internet can be guaranteed to be 100% secure and we cannot guarantee that any personal information you submit to us will be free from unauthorized third party intrusion. You understand and agree that all information you submit to Cafe Audio or post to the Site is done so at your own risk. (c) Your access to the Site may be terminated at any time by Cafe Audio without cause unless specified otherwise in any agreement with Cafe Audio directly or through an authorized representative of Cafe Audio. You acknowledge and agree that we may deny you access to all or part of the Site without prior notice if you engage in any conduct or activities that we, in our sole discretion, believe to violate any of these Terms and Conditions, violate the rights of Cafe Audio, or are otherwise inappropriate for continued access. (d) At its sole discretion, Cafe Audio may periodically adjusts the Music made available to you based on the needs of the marketplace, the availability of rights and other business reasons. Cafe Audio also continually adds new Music. In the event that any Music will no longer be licensed by Cafe Audio,Cafe Audio will notify you that such Music is or will no longer be available to you through Cafe Audio. Upon receipt of such notification from Cafe Audio, it is your responsibility to remove all copies of said Music from its possession including digital copies of files on portable drives, local desk tops and any third party digital asset management systems utilized by you and all other areas where such tracks may be stored by you. Notwithstanding the above, any production into which such Music was used prior to the date of receipt of notice by you may continue to be exploited as per the terms and conditions hereof. (e) You may be able to link to third party websites (“Linked Sites”) from the Site. However, neither Linked Sites, nor in most cases hyperlinks, are reviewed, controlled or examined by Cafe Audio in any way and Cafe Audio is not responsible for the content, availability, advertising, products, information, or use of user information or other materials by any such Linked Sites, or any additional links contained thereon. These links do not imply Cafe Audio’s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms and conditions of service of the Linked Sites 6. DISCLAIMER OF WARRANTIES. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, MUSIC, FUNCTIONS, MATERIALS AND SERVICES, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OF CONTENT OR INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Cafe Audio DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES, OR CONTENT OR SERVICES CONTAINED THEREON WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. APM MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS, CONTENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM APM OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. CAFE AUDIO DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SITE. APM IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES WITHOUT THE DIRECT INVOLVEMENT OF APM. 7. LIMITATION OF LIABILITY. IN NO EVENT SHALL CAFE AUDIO, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR MUSIC, CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MUSIC, MATERIALS AND FUNCTIONS RELATED THERETO OR FOUND THEREON, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA, OR SALES, EVEN IF APM OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS, SUCH AS NEW JERSEY, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN CATEGORIES OF DAMAGES, SUCH AS PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF CAFE AUDIO TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO CAFE AUDIO FOR YOUR USE OF THE SITE. 8. Indemnification. To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold Cafe Audio, its directors, officers, employees, agents, and affiliates (collectively, “Cafe Audio Indemnitees”) harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site, or any Music or Content, in violation of these Terms of Use or Privacy Statement, or your placement or transmission of any User Content on or through the Site that violates these Terms of Use or Privacy Statement, or any action by you that results in a claim against the Cafe Audio Indemnitees. 9. Applicable Law/Jurisdiction. You agree that the laws of the State of California, excluding its conflicts-of-law rules, shall govern these Terms and Conditions. Please note that your use of the Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Cafe Audio or relating in any way to your use of the Site resides in the courts of Los Angeles County, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Los Angeles County, in connection with any such dispute and including any claim involving Cafe Audio or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers or Content providers. We control and operate the Site from our offices in the United States of America. We do not represent that Content or materials on the Site are appropriate or available for use in all other locations. Persons who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, to the extent local laws are applicable.