oySongs, LLC (hereinafter “oySongs”) reserves the right to change these terms and conditions at any time, and you agree that each and every visit you make to oySongs’s Web Site shall be subject to the current terms and conditions as published on our website at www.oySongs.com.

General Terms of Use
By accessing oySongs’s Web Site, you are agreeing to be bound by these Web Site Use Terms & Conditions and all applicable laws and regulations, and you agree that you are solely responsible for compliance with any applicable laws and regulations. If you do not agree with any of these terms, do not use this site. Any claim relating to oySongs’s Web Site shall be governed by the laws of the State of Texas. The materials contained in oySongs’s Web Site are protected by applicable copyright and trade mark laws.

No Endorsement of Third Party Content
oySongs’s Web Site contains links to and frames of sites that are not maintained by oySongs. oySongs is not responsible for the content of those sites and cannot guarantee that those sites will not change without our knowledge. The inclusion of such links and frames in oySongs’s Web Site does not imply endorsement of such sites or any content, information, material, products or services provided on such sites.

Disclaimer and Limitation of Liability
THE MATERIALS AND INFORMATION CONTAINED ON OYSONGS’S WEB SITE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH OYSONGS’S WEB SITE AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATION OF PRIVACY OR NON INFRINGEMENT. You assume the entire risk arising out of the use of the site, including the downloading of content and its use. In no event shall oySongs or its owners, officers, employees, agents, consultants, service providers, affiliates, associates, subsidiaries or partners be liable for any damages, including, without limitation, damages for loss of data or profit, or due to business interruption, arising out of the use of or inability to use the materials contained on oySongs’s Web Site, even if oySongs has been notified of the possibility of such damage. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. In the event that any limitation of liability shall fail of its essential purpose, the maximum liability that oySongs shall have is limited to any amounts actually paid to oySongs by user.

The information and opinions expressed in Weblogs (Blogs), Bulletin Boards, Chat Rooms, or other forums conducted on this site are not necessarily those of oySongs or its service providers, affiliates, associates, subsidiaries or partners and oySongs makes no representations or warranties regarding that information or those opinions. Neither oySongs or its service Providers, affiliates, associates, subsidiaries or partners shall be responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in such forums.

Limited Licenses
oySongs hereby grants you a limited license to view on your computer, print, download and use any content made available on oySongs’s Web Site, for non-commercial, personal, or educational purposes only, provided that you do not modify any such content, and that you include with and display on each copy of such content. No other use is permitted.

You may play downloaded audio content an unlimited number of times on the same registered personal computer or any other secondary or portable device. You may “burn” (e.g. make copies onto a compact disc) downloads from your computer to make unlimited copies for personal use only.

Without limiting the generality of the foregoing, you may not make any commercial use of such content, or distribute such content in any other way, either alone or in or with any product which you distribute, or copy or host such content on your or any other person’s web site or FTP server. Nothing contained in this limited license shall be deemed as conferring any right in any copyright, trade mark, trade name or other proprietary property of oySongs or any other party who owns or has proprietary rights to the content, information and materials provided on oySongs’s Web Site.

Certain services available on oySongs’s site require you to first open an account. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify oySongs immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses oySongs by Audio Lunchbox or any other user of the Site due to someone else using your password or account. You may not use anyone else's password or account at any time. You may not attempt to gain unauthorized access to the site, to make unauthorized use of any content, or to violate these Terms of Use or any applicable laws or regulations. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then you may be civilly and criminally liable.

All sales are final.

Preservation of Intellectual Property Rights
All material on this site, including, but not limited to images, illustrations and multimedia materials, is protected by copyrights which are owned and controlled by oySongs or by other parties that have licensed their material to oySongs. Material from this Web Site or from any other web site owned, operated, licensed or controlled by oySongs may not be copied, reproduced, republished, uploaded, downloaded, posted, transmitted, or distributed in any way without purchase or written permission from oySongs. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights held by the respective Providers thereof. The use of any such material on any other web site, ftp server or network environment is prohibited.

Changes and Improvements
oySongs may make changes, improvements, alterations or amendments in and to the products, services, information and materials contained on oySongs’s Web Site, including the terms and conditions of your use of this Web Site, without liability.

Jurisdictional Issues
Due to the nature of the Internet, it is not possible for oySongs to restrict access to its web site only to those jurisdictions in which it does business. Some of all of the products and services offered on this web site may not be eligible for solicitation in your jurisdiction. If you are accessing this web site from such a jurisdiction, you should not consider anything on this site as an offer to sell or as a solicitation to the public to purchase any product or service from oySongs. This site is for use only by persons residing in jurisdictions where such products and services may legally be sold.

oySongs offers services and programs in many parts of the world. The web site may refer to certain services or programs that are not available worldwide. Without specifically limiting the offers made on this web site, reference to such services or programs does not imply that oySongs intends to offer such service or programs in all countries or locations.

This agreement shall be governed by and construed in accordance with the laws of Texas and the parties hereby attorn to the jurisdiction of the courts of Texas. Any provisions of this agreement which are or may be rendered invalid, unenforceable or illegal, shall be ineffective only to the extent of such invalidity, unenforceability or illegality, without affecting the validity, enforceability or legality of the remaining provisions of this Agreement. This agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties.

Privacy
oySongs appreciates and respects the privacy concerns of the visitors to its web site. As a general policy, no personal information is automatically collected from customers visiting this web site. However, certain information is recorded as a matter of course by oySongs’s servers in order to track the number of visitors to the web site and to help provide an enhanced online experience for the visitor. The type of information tracked by our servers includes the browser and operating system in use by the visitor and the domain name of the visitor’s Internet service oySongs. Collecting this information allows oySongs to optimize the visitor’s web site experience. E mail addresses and other personally identifiable data about visitors to this site are known to oySongs only if and when voluntarily submitted by the visitor. All personal information collected by oySongs is retained by oySongs and not sold or otherwise provided to third parties. oySongs sometimes uses email addresses and other personally identifiable information to communicate with visitors who have provided oySongs with their email addresses for specific purposes such as receiving newsletters or other information. Each newsletter will also contain instructions on how to discontinue receipt of the newsletter. Visitors should be aware that when they voluntarily disclose personal information on bulletin boards or in chat areas, that information can be collected and used by others and may result in unsolicited messages from other parties.

Many of oySongs’s web pages place a “cookie” in the browser files of a visitor’s computer. The cookie itself does not contain any personal information. Cookies enable oySongs to relate a visitor’s use of oySongs’s site to information that the visitor has specifically and knowingly provided.

oySongs believes that parents should supervise their children’s online activities and should consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from disclosing online any personal information without parental permission.

Submissions
You may not interfere with other users’ use of the web site. You may not post or transmit any message, file, image or program which contains viruses, worms, Trojan horses or any other contaminating or destructive agent.

You may not use the facilities and capabilities of the web site to conduct or solicit the performance of any illegal activity or other activity which infringes the rights of others. You may not post any e-mail or materials that would be considered a violation of any law. oySongs will co operate fully with any law enforcement authorities or court order requesting or directing oySongs to disclose the identity of anyone posting any such e-mail or materials.

You agree to indemnify oySongs and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable legal fees, resulting from your breach of any of the foregoing provisions, or any other provisions of the Terms of Use.

© 2012 oySongs, LLC