Destination Music - The Premier Online Music Community

Please read the following and check the box at the end to accept the terms & conditions.

These Terms and Conditions of Use (the “Terms of Use”) apply to the Destination: Music ® web site located at http://www.destinationmusic.com and all affiliated web sites linked to http://www.destinationmusic.com by First Media Communications, Inc., its subsidiaries, operating divisions and affiliates, including but not limited to http://www.radiooasis.net, http://worldcastnetwork.com, http://nexthorizon.com, and http://first-media.com (collectively, the “Site”). The Site is the property of First Media Communications, Inc. (“Owner”). By using the Site, you (“User”) agree to these Terms of Use, to which you shall be legally bound and by which you agree to abide in full.

Owner reserves the right, at its sole discretion, to change, modify, add to or delete from these Terms of Use at any time for any reason. It shall be the User's responsibility to review these Terms of Use periodically for any changes. Use of the Site and continued use of the Site following the posting of any changes to the Terms of Use shall constitute User's acceptance of and agreement to the Terms of Use, and any changes to the Terms of Use, in full.

Owner grants to User a non-exclusive, non-commercial, non-transferable, limited privilege to enter and use the Site provided that User at all times complies with these Terms of Use. Owner shall have the right to terminate User's use of the Site at any time for any reason, and shall have the right to prosecute User under U.S. and international laws for any breach or alleged breach of these Terms of Use by User.

Ownership of Content
All audio, visual, graphics and textual elements of the Site, including but not limited to text, graphics, user interfaces, photography, artwork, trademarks, logos, music, audio and video streams, designs, layouts, computer code and programming (collectively, the “Content”) contained at the Site is owned, controlled or licensed by or to Owner, and is protected by U.S. and international laws and regulations, including those pertaining to intellectual property, copyright, patent, trademark, and unfair competition.

Except as expressly provided in these Terms of Use, no Content, portion or element of the Site may be reproduced, republished, posted, translated, disseminated or distributed in any manner whatsoever, via the world wide web or via any other form of media whether now known or hereafter created, without Owner's prior express written consent. Any unauthorized use of the Content is prohibited.

Owner shall have the non-exclusive, royalty-free, unlimited right and license to publish, use and otherwise exploit for any commercial or non-commercial purpose any content uploaded, posted or otherwise supplied to the Site by User, including but not limited to articles, reviews, opinions, commentaries, correspondence, images, designs, photographs, personal information, and web log postings (collectively, the “Supplied Content”) in any and all media whether now known or hereafter created throughout the universe in perpetuity.

User understands and agrees that the Supplied Content shall not include any item, information, logo, image or data that would infringe on the rights of any third party, and warrants and represents that the Supplied Content shall be owned or controlled by User and, as such, shall be free and clear of any third party rights, licenses, or encumbrances.

Authorized Use of the Site
User shall not use or attempt to implement any device, application, program, algorithm, process or methodology, including but not limited to “deep-links,” “page-scrapes,” “robots,” “spiders,” or any similar or equivalent manual processes to access, acquire, copy or monitor any portion of the Site or any Content, to reproduce, alter or circumvent Owner's navigational structure, security, or presentation of the Site or any Content, or to obtain or attempt to obtain or alter any documents, materials, data or information relating to the Site or the operations of the Site which are not intended to be made available to User, visitors or other users of the site or to the general pubic.

User shall not attempt to gain unauthorized access to any portion, section or feature of the Site, including but not limited to servers, databases, networks and other systems associated with or connected to the Site, by hacking, password “mining,” or any other illegitimate means.

User may not probe, scan or test the vulnerability of the Site or any server, network, or operating system associated with or connected to the Site, and may not breach the security or authentication measures of the Site or any server, network, or operating system associated with or connected to the Site. User may not reverse look-up, trace, seek to trace, reveal, distribute, or exploit in any manner any information pertaining to any other User of or visitor to the Site, or exploit the Site or the Content, or any service or information made available or offered by or through the Site, for any purpose other than such purpose as shall be expressly intended by the Site.

User agrees not to take any action that might impose a detrimental or disproportionately large demand on the infrastructure of the Site or any server, network, or operating system associated with or connected to the Site.

User agrees not to interfere with or attempt to interfere with the proper working condition or operation of the site, including any processes or transactions that may be conducted on or in association with the Site, and agrees not to interfere with or attempt to interfere with any other user's or visitor's use of the Site. User shall not use or attempt to implement any device, application, program, algorithm or routine, including but not limited to viruses, “spyware,” “adware,” or “Trojan Horses,” to interfere with or attempt to interfere with the proper working condition or operation of the Site, including any processes or transactions that may be conducted on or in association with the Site, or to gather, view, alter, tamper with or otherwise use the Site or any transactions, processes, applications, programs, servers, databases or information relating to or associated with the Site, for any purpose other than such purposes as are expressly intended by Owner.

User shall not use the Site or the Content for any purpose that is unlawful or prohibited by these Terms of Use or to solicit the performance of any illegal activity or other activity which infringes the rights of Owner or others. User shall not send unsolicited e-mails or other traditional or electronic correspondence to any person, firm, corporation or entity through or via the Site, except as expressly set forth in the “Use of Web Logs” section hereunder.

Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including but not limited to games, contests, promotions or other features, which terms and conditions are made a part of these Terms of Use by this reference. User agrees to abide by such other terms and conditions, including where applicable representation of sufficient legal age to use or participate in such services or features. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to User's use of that portion of the Site or specific service. Owner may make changes to any products or services offered on or through the Site, or to the applicable prices or terms of use of any products or services at any time without notice.

Any correspondence, feedback or other information that User shall provide to Owner at or via the Site shall be deemed to be non-confidential. Owner shall be free to use such information in its sole discretion on an unrestricted basis.

Accounts, Passwords and Security
Certain features or services offered on or through the Site may require User to open an account. Such an account may require registration of User's personal and contact information, including but not limited to User's name, contact information, user preferences, demographic data, user ID and password (collectively, the “Account Information”). User is entirely responsible for maintaining the confidentiality of the Account Information, and for any and all activity that occurs in connection with User's account. User agrees to notify Owner immediately of any unauthorized use of User's account or Account Information. Under no circumstance shall Owner be liable for any losses or damages incurred by User or any other user or affiliated party which may result from any unauthorized use of User's Account Information.

Owner's Privacy Policy applies to use of the Site, and its terms and conditions are made a part of these Terms of Use by this reference. By using the Site, User acknowledges and agrees that information transmitted via the Internet and the World Wide Web is never completely private or secure. User understands that any information provided to or from the Site for any purpose or transaction may be read or intercepted by others, even if notice is displayed that a particular transmission is encrypted. Under no circumstances shall Owner be liable for any losses or damages incurred by User or any other user or affiliated party which may arise from any breach of security in connection with the Site.

Links to Third Party Sites

User acknowledges that the Site may contain links or connections to other, third-party Web sites (the “Linked Sites”). The Linked Sites are provided solely as a convenience to Users and visitors of the Site. Linked Sites are not under Owner's control. Owner does not endorse the content of such Linked Sites, including information or materials contained on such Linked Sites, and shall not be responsible for any damages or losses which may be incurred by User or any other user or affiliated party which may arise from any use of the Linked Sites. Use of the Linked Sites shall be at User's own risk.

Games, Contests and Prizes

User agrees to abide by the Terms of Use and the specific terms and conditions described hereunder with respect to any games, contests or other related features offered by or through the Site, including but not limited to the “Music Notes” game (the “Music Notes Game”). The rules, terms and conditions of the Music Notes Game are as follows:

User must register with the Site in order to be eligible for play.
User must be of sufficient legal age in order to be eligible for play.
User must be of sufficient legal age in order to be eligible for prizes.
User must comply with the rules, terms and conditions of the Music Notes Game, as they may be amended from time to time by Owner in Owner's sole discretion, and must not circumvent or attempt to circumvent, alter or attempt to alter, disrupt or attempt to disrupt, or breach or attempt to breach any operation, service, feature, database, or security measure of the Site or of the Music Notes Game.
User must not interfere or attempt to interfere with any other player or other player's account or account information in any way.
All decisions with respect to the selection and notification of winners, if any, including but not limited to the timing and methodology of same, shall be at the sole discretion of Owner, and shall be final.
All decisions with respect to the selection and distribution of prizes, if any, shall be at the sole discretion of Owner, and shall be final.
Owner shall have the unrestricted right, in its sole discretion, to change, cancel or rescind prizes, if any, at any time, and shall have the unrestricted right, in its sole discretion, to substitute any prize for another of equal or greater value at any time.
Any prize distributed to User hereunder shall be deemed to have been delivered upon shipment to User by Owner, and shipment may consist of any form of ground, air, mail, or electronic delivery. Once a prize has been deemed to have been delivered hereunder, Owner shall have no further obligation to User. Under no circumstance shall Owner be liable for loss or theft of any prize deemed to have been delivered hereunder.
As a convenience to User, the Site shall provide a running total of points earned by User as a result of User answering game questions correctly per game play period. Any registered player with the sufficient minimum number of points per game play period shall be eligible for the prize drawing for that game play period. Though it is anticipated that the normal game play period shall be one calendar month, Owner shall have the unrestricted right to change or amend the game play period at any time in its sole discretion. Points earned shall be posted to User's account on a regular basis during the game play period.
One winner shall be selected at random by Owner following the conclusion of each game play period from a list of eligible players with the sufficient minimum number of points per game play period. The sufficient minimum number of points required to be eligible for the prize drawing in connection with any game play period shall be determined and displayed on the Site at Owner's sole discretion.
Owner shall not be required to provide a prize for any game play period. Prizes are not transferable and may not be exchanged for cash, cash equivalents, or any other prize. Failure to accept any prize provided by Owner shall be deemed forfeiture of such prize by User, and shall cause Owner to be released of any further obligation to User. Tax reporting of prizes received hereunder, if any, shall be solely the responsibility of User. In order to be eligible to receive any prize, User may be required to complete and return a Release to Owner including confirmation of acceptance of the terms and conditions hereunder and confirmation of User's full mailing address and contact information for delivery.
Owner shall have the right to display User's user name, city, state and country of residence on public pages of the Site, at Owner's sole discretion, in connection with the Music Notes Game.
Owner may discontinue the Music Notes Game at any time, without prior notice.
Employees, contractors, shareholders, partners, and affiliates of Owner are not eligible for prizes.
The Music Notes Game is void where prohibited. No purchase is necessary to play the Music Notes Game.

Use of Web Logs

User understands and agrees that his or her use of any web logs, both public and private in nature, that may be made available from time to time on the Site (collectively, the “Blogs”), shall be subject to the Terms of Use and the terms and conditions hereunder. User understands and agrees that The Blogs and any related features, sections or pages of the Site, are provided by Owner for the enjoyment and convenience of User and other users, readers and visitors to the Site, and that, as a result, User shall, at all times, comply with all guidelines described hereunder, posted or otherwise made available via the Site or communicated to User by Owner. The guidelines of use of the Blogs (collectively, the “Blog Guidelines”) may be amended, added to, deleted from, or revised at Owner's sole discretion at any time without prior notice. The Blog Guidelines are as follows:

The views expressed in the Blogs and on the Site are not endorsed by Owner.
Any postings, messages, correspondence or other communications published on or via the Blogs or the Site (collectively, the “Postings”) shall not infringe the rights of any person, firm, corporation or entity, and shall not violate the laws or regulations of any applicable jurisdiction within the United States of America or its territories.
Postings shall not be lewd, pornographic, indecent, annoying, disturbing, taunting, inflammatory, libelous, defamatory, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, abusive, vulgar, obscene, sexually explicit, or offensive in a sexual, racial, cultural, or ethnic context, as judged by Owner in its sole discretion. Owner shall have the unlimited right to delete, edit or otherwise modify or remove any Postings at its sole discretion without notice.
Owner shall have the unlimited right to terminate, ban or otherwise prevent User from using the Blogs or the Site at any time in its sole discretion without notice.
User shall not use the Blogs or the Site to encourage or solicit unlawful, improper, indecent, troublesome or inappropriate behavior as judged by Owner in its sole discretion.
The Blogs are for User's personal, non-commercial use only. User shall not use the Blogs or the Site for any commercial purpose other than the normal advertising and promotion of User's music.
User shall not contact any other user of or visitor to the Blogs or the Site unless such user or visitor a) has expressly made his or her contact information publicly available in the Blogs, and b) has not requested that User not contact him or her. In the event that any person, firm, corporation or entity requests that User not contact or correspond with it, him, or her, User shall comply fully and refrain from further contact or correspondence.
Any Postings or correspondence transmitted by or via the Blogs or the Site by User to any person, firm, corporation or entity shall at all times be civil and courteous.
User shall be responsible for any and all Postings and correspondence transmitted via User's account by or via the Blogs or the Site at any time, and shall use his or her best efforts to ensure that no other person uses User's account to create Postings or correspondence via the Blogs or the Site.
User shall not post any link or hypertext link that User knows, or should reasonably be expected to know, may cause damage or lead to web sites that contain harmful, disruptive, or destructive items.
User shall not impersonate any other person, firm, corporation or entity.
User shall not use an offensive, vulgar or otherwise inappropriate user name, as judged by Owner in its sole discretion.
User agrees that by submitting, sending, uploading, corresponding or otherwise providing Supplied Content to the Blogs and the Site, User grants to Owner a perpetual, royalty-free, non-exclusive worldwide right and license to use, edit, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to the Supplied Content, and that Owner shall have no obligation to notify User or attribute any of the Supplied Content to User.
User must be of sufficient legal age to create postings on the Site. Minors are not permitted to use the Blogs or the Site without permission from a parent or legal guardian.
Owner shall have the unlimited right, in its sole discretion, to utilize User's Account Information, User Information, Postings, and any other information relating to User or User's use of the Blogs and the Site to prevent User from breaching these Terms of Use or other terms and conditions hereunder, and to alert and notify the appropriate authorities, including but not limited to User's employer, parent, school, Internet Service Provider, or law enforcement official, of any offensive, disruptive, threatening, or inappropriate Postings, content or behavior exhibited by User at or via the Blogs or the Site.

Disclaimers
OWNER DOES NOT WARRANT OR PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND THE CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. OWNER CANNOT ENSURE THAT ANY FILES OR OTHER DATA DOWNLOADED FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. OWNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OWNER DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO USE OF THE SITE AND/OR ANY SERVICES OFFERED BY OR VIA THE SITE. USER ASSUMES TOTAL RESPONSIBILITY FOR USE OF THE SITE AND ANY LINKED SITES. USER'S SOLE REMEDY AGAINST OWNER FOR DISSATISFACTION WITH THE SITE OR THE CONTENT IS TO STOP USING THE SITE OR THE CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE UNDERSTANDING AND AGREEMENT BETWEEN OWNER AND USER.

USER AGREES TO ACCEPT THESE TERMS OF USE IN FULL AS PRESENTED BY OWNER AND AS MODIFIED FROM TIME TO TIME BY OWNER WITHOUT NOTICE. OWNER SHALL NOT ACCEPT ANY MODIFICATIONS, ADDITIONS OR DELETIONS TO THESE TERMS OF USE. IF ANY FUTURE CHANGE OR MODIFACTION TO THESE TERMS OF USE IS UNACCEPTABLE TO USER, THEN USER SHOULD DISCONTINUE USING THE SITE. USER'S USE OF THE SITE WILL ALWAYS INDICATE USER'S ACCEPTANCE OF THESE TERMS OF USE AND ANY CHANGES THERETO.

The above disclaimers apply to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

User agrees that use of the Site and the Content may contain risks, and that, as such, User shall use the Site at his or her own risk. Owner shall not be liable for any losses or damages incurred by User.

Owner reserves the right to do any of the following, at any time, without notice:

modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason;
change or modify the Site, or any portion of the Site, and any applicable policies, features or terms of the Site for any reason; and
interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other alterations as may be necessary in Owner's sole discretion.

Limitation of Liability
Except where prohibited by law, in no event shall Owner be liable to User for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even in the event that Owner has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Owner is found to be liable to User for any damage or loss arising out of or in any way connected with User's use of the Site or the Content, Owner's liability shall in no event exceed the greater of (A) the total of any subscription or similar fee, if any, with respect to any service or feature of the Site paid by User to Owner within the six months immediately preceding the date of the initial claim made against Owner by User, or (B) US $100.00. In the event that the applicable jurisdiction of a proceeding hereunder shall not permit limitation of liability, the foregoing provision of limitation may not apply; however, all other terms and conditions of the Terms of Use shall remain in full force and effect.

Indemnity
User agrees to indemnify and hold Owner, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, contractors, subsidiaries and affiliates, harmless from any loss, demand, liability, claim or expense (including attorneys' fees), made against Owner by any third party due to, arising from, or in connection with User's use of the Site.

Breach of Terms of Use
Owner may disclose any information in its possession, including but not limited to User's identity, Supplied Content, Postings, Account Information and User Information, if Owner, in its sole discretion, determines that such disclosure is necessary in connection with any investigation or complaint regarding User's use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Owner's rights or property, or the rights or property of visitors to or other users of the Site. Owner reserves the right at all times to disclose any information that Owner, in its sole discretion, deems necessary to comply with any applicable law, regulation, legal process or governmental request. Owner also may disclose User's personal information, User Information, and Account Information if Owner, in its sole discretion, determines that applicable law requires or permits such disclosure, including but not limited to exchanging information with other companies and organizations for fraud protection purposes.

User acknowledges and agrees that Owner may preserve any transmission or communication of information between User and Owner, through the Site or any service offered on or through the Site, and may disclose such information to third parties if required to do so by law, or in the event that Owner determines that such preservation or disclosure is reasonably necessary (1) to comply with legal process, (2) to enforce these Terms of Use, (3) to respond to claims that any such information violates the rights of others, or (4) to protect the rights, property or personal safety of Owner, its employees, contractors, or affiliates, or users of or visitors to the Site and the general public.

User agrees that Owner may, in its sole discretion and without prior notice, terminate User's access to the Site and/or block User's future access to the Site if Owner, in its sole discretion, determines that User has violated these Terms of Use or other agreements, guidelines, rules or regulations which may be associated with User's use of the Site. User also agrees that any breach or violation by User of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Owner, for which monetary damages would be inadequate, and User hereby consents to Owner obtaining any injunctive or equitable relief that Owner, in its sole discretion, deems necessary or appropriate in such circumstances, such remedies being in addition to any other remedies that Owner may have at law or in equity.

User agrees that Owner may, in its sole discretion and without prior notice, terminate User's access to the Site for any reason, with or without cause, which shall include but not be limited to a) requests by law enforcement or other government agencies, b) a request by User (i.e., a User-initiated account deletion), c) discontinuance or material modification of the Site or any service offered on or through the Site, or d) unexpected technical issues or other problems.

In the event that Owner shall take legal action against User as a result of User's breach or violation of these Terms of Use, Owner shall be entitled to recover from User, and User agrees to pay Owner, all reasonable attorneys' fees and costs of such legal action, in addition to any other relief that may be granted to Owner. User agrees that Owner will not be liable to User or to any third party for termination of User's access to the Site hereunder.

Governing Law, Dispute Resolution
User agrees that all matters relating to User's access to or use of the Site, including all disputes, shall be governed by the laws of the United States of America and by the laws of the State of New York without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts as determined by Owner in its sole discretion, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action shall forever be barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party shall be entitled to costs and reasonable attorneys' fees. In the event of any controversy or dispute between Owner and User arising out of or in connection with User's use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If the parties are unable to resolve any such dispute within a period of time not to exceed thirty (30) days, then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited
Owner administers and operates the Site from its location or locations in the United States of America. Although the Site is accessible worldwide, not all features, products or services referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside of the United States. Owner reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If User chooses to access the Site from outside of the United States, User shall do so at User's own risk and shall be solely responsible for complying with any and all applicable laws.

Privacy Policy

Owner's Privacy Policy hereunder applies to the Site, and its terms and conditions are made a part of these Terms of Use by this reference. By using the Site, User acknowledges and agrees that any information transmitted via the Internet and the World Wide Web is never completely private or secure. User understands that any information provided to or from the Site for any purpose or transaction may be read or intercepted by others, even if notice is displayed that a particular transmission is encrypted. Under no circumstance shall Owner be liable for any losses or damages incurred by User or any other user or affiliated party which may arise from any breach of security in connection with the Site.

Owner shall not sell, license or otherwise convey User's Account Information to any third party without the express consent of User. Owner shall have the unlimited right to use User's Account Information for the purpose of contacting User for the purpose of notifying User of special offers, news, advertising or marketing promotions, or other information that may be of interest to User, or for any other purpose at any time via normal channels of telephone, facsimile, postal, express, parcel, or electronic delivery services (collectively, the “Delivery Services”). Notwithstanding the foregoing, any firm, person or entity owning more than fifty-one percent (51%) of Owner's assets or common equity shall have the same unlimited rights as Owner hereunder solely with respect to the use of the Account Information.

User understands that by using the Site and the Content, User may, intentionally or unintentionally, post, upload or otherwise provide Owner with certain user information including but not limited to user preference data, sales data, and demographic data (collectively, the “User Data”) and agrees that Owner shall have the unlimited right to compile, review, and otherwise utilize the User Data for the purposes of communicating with, understanding, selling to, and serving User, or for any other purpose in connection with Owner's commercial enterprises. User understands and agrees that any information uploaded, posted or otherwise provided to the Site by User, including but not limited to the Account Information and User Information, may become available to the general public as a result of User's use of the Site and the Content. Notwithstanding the foregoing, Owner shall take commercially reasonable steps to safeguard User's personal contact information, other than User's “user name,” “screen name,” city, state, or country of residence, or other personal or contact information which is posted by User to a non-secure or public page of the Site (collectively, the “Posted Information”), and to prevent such personal contact information from being made public. Any inadvertent disclosure of personal contact information, other than the Posted Information, by the Site or by Owner shall not be deemed a breach of the Terms of Use hereunder provided that User notifies Owner within thirty (30) days of such disclosure, and provided that Owner uses commercially reasonable efforts to remove or cure any such disclosure promptly.

Miscellaneous

Section headings in these Terms of Use are for descriptive purposes only and have no legal meaning.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between User and Owner with regard to User's use of the Site, and any and all other written or oral agreements or understandings previously existing between User and Owner with respect to such use are hereby superseded and cancelled. Owner shall not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Owner's failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Owner of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Owner and User or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

I accept the terms and conditions of Destination: Music®