.::. music@messengerPlayer.com .::.

Terms and Privacy Policy

In this agreement MessengerPlayer is stand for the Microsoft Messenger Live Agent - "Music@MessengerPlayer.com" and our web site "www.MessengerPlayer.com".

The users who add "Music @ Messenger Player.com" to their messenger list are to accept our terms. MessengerPlayer is just a virtual search agent that finds contents from outer public web sites that hosted(uploaded) on them on their own consent and risk. MessengerPlayer does not host any music or video. MessengerPlayer bot uses known search engines, services or public sites to find the content you search. So that, Messenger Player, Microsoft or services used are not responsible about the contents and their copyrights, patents or trademarks.

Please:

Do NOT post or transmit any content that infringes on patents, trademarks, or copyrights.

Do NOT upload or transmit any content that might be considered illegal – such as spam, junk mail, unauthorized advertising, or pyramid schemes.

Do NOT collect or store personal data about other MessengerPlayer members.

Do NOT Post or search any content that may be considered pornographic, offensive or illegal issues and materials. Members will be blocked and removed when realized.

MessengerPlayer operates Microsoft provisioned Messenger Agent "Music @ MessengerPlayer.com", MessengerPlayer service, MessengerPlayer.com website. The MessengerPlayer service allows you to connect, communicate and collaborate with your friends across the Internet. Friends are people you choose to connect with and who agree to connect with you.

Information Gathered by MessengerPlayer

User Provided Information: For visitors to our website and registered users, we log standard technical information, such as your IP address and MSN nicknames, your photos etc.

Cookies Information: MessengerPlayer uses cookies - a small text file containing a string of alphanumeric characters - to administer its website and provide a more tailored and user-friendly service to you. For example, we may use cookies to count the number of unique computers accessing our website. MessengerPlayer uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the MessengerPlayer service may not function properly if the ability to accept cookies is disabled.

Log File Information: When you use the MessengerPlayer service, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, content play information, and one or more cookies that may uniquely identify your browser.

How MessengerPlayer Uses Information

The information we collect about you in the course of our relationship is used to provide our services to you. For example, even as we endeavor to protect your identity, we may use your demographic information to create a database of user profiles, select advertisements based on your information and for marketing analysis. In addition, we look at technical information to diagnose problems with our server, to administer the MessengerPlayer.com site, to enhance our products and to provide our service to you.

All search results in MessengerPlayer are personally generated for you based not only on what is popular, but also on what interests you based on your profile, groups you connect to, and what your friends connect to. Data about searches and search results may be maintained by MessengerPlayer to help in continually improving the service.

Invitations and messages are sent via email on your behalf by MessengerPlayer. If you invite another person to join MessengerPlayer, we will ask for that person's name and online contact information. We store this information and use it to contact and inform that person that he or she has been invited to join the MessengerPlayer.com service. We will send reminders only with your express consent.

When you communicate with a friend in an instant message we endeavor to authenticate both sides to make sure they are who they say they are. MessengerPlayer enables chat participants to store copies of chat transcripts.

How MessengerPlayer Protects Information

MessengerPlayer's computers store user account information, and may cache user profile information for backup purposes. MessengerPlayer employs the following industry standard security measures to protect the loss, misuse and alteration of the information under our control:

Use of secure connections using SSL to safeguard information when transmitted from your Web browser to the MessengerPlayer service.

Use of security controls to restrict access to databases housing personally identifying information.

Use of encryption for sensitive personal information, such as email addresses and user names.

Restrict employee access to databases containing personal information and impose confidentiality requirements upon employees who do.

Bind subcontractors with contractual, technical and organizational measures to protect your personal information.

When MessengerPlayer Discloses Information

We may share personally identifiable information about our users with third parties, including: (1) with your consent or following the opportunity to opt-in or opt-out for specific programs or features, or (2) when we have a good faith belief it is necessary pursuant to a subpoena or other judicial or administrative order; (3) as otherwise stated in this Privacy Policy; (4) where required by law; or (5) at our sole discretion, where we deem necessary to respond to claims, to protect the safety of any individual or the public, or to protect the rights, property or personal safety of MessengerPlayer or any third party. We also share non-personally-identifiable information (such as anonymous Log File information) with interested third-parties to assist them in understanding the usage patterns for our service.

In the event of a change of ownership or a direct merger with or acquisition by another entity, your information may be transferred to the acquiring entity. You have the ability and control to remove or alter your account specific information at any time.

Third Parties/Advertisers and Your Information

MessengerPlayer may provide links to third party websites or allow other companies, called third-party ad servers, to display advertisements to users. Ad server companies can write and read their own cookies on your computer, just as if you had requested a web page from their website. MessengerPlayer is not responsible for, and does not have any control over, the privacy practices or the content of such third parties. We encourage users to read the privacy policies of any website visited, upload, search or share from all web sites or programs.

Please note that information stored or cached on other users' computers is subject to those users security practices, which are beyond MessengerPlayer's control. Although we make good faith efforts to store information collected or stored by MessengerPlayer in a secure manner, we cannot guarantee complete security. Information held by MessengerPlayer will be maintained for a length of time appropriate to our business needs.

If you choose to use our invitation service to tell a friend about our site, we will ask you for information needed to send the invitation, such as your friend's email address. We send your friend email or instant message inviting him or her to visit the site, or add our agent address to their contact list. MessengerPlayer uses this information only once to send invitations, to register a friend connection if your invitation is accepted, and to track the success of our referral program.Your email and password information is not stored by any means. Your friend may get more information about us by visiting our web site.

User Options and Responsibilities

Your user profile contains information about you that you may want to share with others. Protecting the privacy of your profile is your responsibility. We caution you not to share sensitive information (such as social security numbers, credit card numbers, or driver's license numbers) with other users whom you do not know or place such information in your profile.

Any information you choose to display on MessengerPlayer.com, including your profile, will be viewable by the entire Web (i.e., everyone). For your own safety we caution you not to include home addresses, telephone numbers or any other personal information that could allow strangers to contact you outside of the MessengerPlayer service.

To maintain privacy it is also important not to share your password with anyone. Selecting a longer password with a mix of letters, numbers and symbols makes it more difficult for others to guess your password. It is also helpful to change passwords on a regular basis.

Identity theft is a serious concern to all of us. To help protect yourself against identity theft, please remember that MessengerPlayer will NEVER ask for your password in either a non-secure or unsolicited email communication.

It is your responsibility to select the desired privacy setting upon creation. Other items may inherit an existing privacy setting. In this case, it is your responsibility to understand the associated privacy setting before creating content to ensure the handling of your information meets your expectations.

You may choose to correct or update the information you have submitted to us by editing your profile or account information. If you remove your information, it may continue to persist on back-up media.

Note to International Users

International users using MessengerPlayer are to obey the rules of their own country's law beside the terms mentioned on this site.

Changes and Updates

MessengerPlayer's Privacy Policy may change from time to time. If we make any substantive changes to our policies, we will notify registered users by posting bulletins on the MessengerPlayer service, by email at the address provided by you, or by posting notice of changes at this site.

Contacting Us

If you have any questions about this Privacy Policy, the practices of MessengerPlayer, or your experience with MessengerPlayer.com, please contact us at: "contact @ Messenger Player.com"

NOTICE TO USER: These terms of use outline your rights and responsibilities as a user of the MessengerPlayer service.

THIS IS A CONTRACT. By using or visiting this web site (collectively, including all Member Content available through the MessengerPlayer.com domain name, the "MessengerPlayer Site" or "Site") or registering for this service, you represent and warrant that you have read, understand, and have the legal capacity to, and hereby accept all the terms and conditions of this agreement, and agree to be legally bound by this agreement.

MessengerPlayer does not knowingly collect, solicit or maintain personally identifiable information or non-personally identifiable information on its site from persons under 13 years of age, and no part of our site is directed to persons under 13. No one under age 13 is allowed to use the site or provide any personal information to or on our site. If you are under 13 years of age, then please do not send any information about yourself to us, or register for, use, or access the site at any time or in any manner. If you believe that we might have any information from or about a child under 13, please contact us at info@MessengerPlayer.com.

If you are between the age of 13 and 18, you must obtain permission from your parent or guardian to use MessengerPlayer, and you must have a parent assist in the completion of registration. In addition, if you are between the age of 13 and 18, you must affirm that you possess legal parental or guardian consent to use the Site and Service, and must affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in MessengerPlayer’s terms of service, and to abide by and comply with MessengerPlayer’s terms of service.

This MessengerPlayer Terms of Service Agreement ("Agreement") is a legal agreement between you, either an individual or a single entity or your qualified legal representative ("You"), and MessengerPlayer. This document describes the terms and conditions that cover the use of the MessengerPlayer service ("Service") and the MessengerPlayer Site, available at http://www.MessengerPlayer.com.

We reserve the right, at our sole discretion, to change, modify or otherwise alter this Agreement at any time. What constitutes a "material change" will be at the sole and exclusive discretion of MessengerPlayer. You can find the most recent version of this Agreement at http://www.MessengerPlayer.com/terms.aspx, with the date of last modification noted at the end. Modifications to the terms will become effective immediately when they are posted. Therefore, we encourage you to check the date of this Agreement whenever you visit the MessengerPlayer Site to check if it has been updated. You should review this Agreement on a regular basis to keep yourself up to date with any changes. If you do not agree to the revised Agreement, your sole recourse is to immediately stop all use of the Site and/or Service. Your continued use of the Site and/or Service following the posting of modifications will constitute your acceptance of the revised Agreement. Should you have any questions regarding the use of our Site, please contact us at: info @MessengerPlayer.com

Use of the Site and Service

Your Account

Once you add "Music @ Messenger Player.com" for the Service, you will have a username, password and an account with a custom URL. Please note that MessengerPlayer may opt to disallow or remove a particular username or custom URL at its sole discretion. You may never use another's account without his/her permission. You are responsible for activity that occurs on your account and for maintaining the confidentiality of your password and account, which may not be shared with others. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify MessengerPlayer of any unauthorized use of your account or any other breach of security known to you. Although MessengerPlayer will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of MessengerPlayer or others due to such unauthorized use. Accounts are for personal, noncommercial use only. However, MessengerPlayer reserves the right to allow particular users to use the Site or Service for commercial purposes pursuant to a separate written agreement. You may not use automated means, including spiders, robots, crawlers, data mining tools, or the like to sign on, use, or receive information through the Service or on the Site.

MessengerPlayer's Intellectual Property Rights

All content (with the exception of Member Content, as defined below) of the MessengerPlayer Site and Service including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement ("Content") are: Copyright © 2007 MessengerPlayer, and/or the proprietary property of its suppliers, affiliates, or licensors. Content may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via third party Web sites or other networked computer environment) without the express prior written consent of MessengerPlayer and/or its suppliers, affiliates, or licensors. All rights reserved.

MessengerPlayer, MessengerPlayer.com, and the MessengerPlayer logo are, without limitation, trademarks, service marks or registered trademarks of MessengerPlayer, and may not be copied, imitated, or used, in whole or in part, without MessengerPlayer's prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.

MessengerPlayer may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in its Site and/or Service. Unless we have granted you licenses to our intellectual property in this Agreement, our providing you with such Web pages does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.

Member Content

MessengerPlayer does not claim any ownership rights in any articles, information, materials, data, files, programs, photographs, concepts, communications, footage, ideas, opinions, and other materials ("Member Content") you post, store, or exchange through the MessengerPlayer Site or Service; you continue to retain all ownership rights in such Member Content. Member Content is the sole responsibility of the person from which such Member Content originated. This means that you, and not MessengerPlayer, are entirely responsible for all Member Content that you upload, post, email, transmit or otherwise make available through the Site or Service. To the extent that MessengerPlayer provides you with an opportunity to post, store and exchange Member Content, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, MessengerPlayer, its contractors, and the users of the MessengerPlayer Site an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such content and to prepare derivative works of, or incorporate into other works, such Member Content on the MessengerPlayer Site or Service. This license does not grant MessengerPlayer the right to sell Member Content or otherwise distribute it outside of MessengerPlayer's Site or Service; provided, however that streaming of content on third party Web sites via embedded widgets shall not be deemed a distribution outside of MessengerPlayer’s Site or Service.

Member Content posted by users and other non-MessengerPlayer contributors are generally not reviewed by MessengerPlayer. Accordingly, MessengerPlayer does not guarantee the accuracy, integrity or quality of such Member Content. MessengerPlayer will have the right, but not the obligation, to reject, refuse to post, or otherwise monitor all content displayed by users, and may remove or require users to remove all content that MessengerPlayer, in its sole discretion, deems to be (a) inconsistent with MessengerPlayer's strategic mission and vision (including but not limited to content that contains undesirable images of or links or references to tobacco and alcohol products, profanity, pornography, violence, or discrimination of any sort) and/or this Agreement; or (b) possibly in violation of applicable law. In addition, MessengerPlayer has the right to remove any content if MessengerPlayer has reason to believe that displaying such content may infringe the rights of a third party or subject MessengerPlayer to expense or liability. Please notify us at violations@MessengerPlayer.com of any content that you believe might violate applicable law or your intellectual property rights or contain undesirable images of or links or references to tobacco and alcohol products, profanity, pornography, violence, prejudicial content, or content that is obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.

MessengerPlayer reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance will not dictate or limit MessengerPlayer's response to a future complaint. You acknowledge and agree that MessengerPlayer will not assume or have any liability for any action or inaction by MessengerPlayer with respect to any Member Content.

Copyrights, Trademarks, Patents and Intellectual Property Rights on Member Content

You acknowledge that Member Content transmitted on or through the Network may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. MessengerPlayer respects copyright law and expects you to do the same. Member Content identified as belonging to a third party can be transmitted on the Site or Service so long as you obtain permission first and the ownership and rights are clearly indicated You must not upload or present any media or content in which you do not have the appropriate rights to do so. You may be in violation of copyright laws if you do not have the appropriate rights to the media or content you upload or present on MessengerPlayer. MessengerPlayer will not tolerate known infringements or misbehavior by its users. It is MessengerPlayer's policy to terminate the accounts of known repeat infringers. In addition, unauthorized copying, distribution, modification, public display, or public performance of copyrighted works may be an infringement of the copyright holders' rights. You may not copy, reproduce, distribute, or create derivative works without being authorized to do so by law or by the copyright holder.

If you believe that your work, including music content, has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify MessengerPlayer's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at violations@MessengerPlayer.com, or MessengerPlayer, inc. c/o Copyright Agent, 82 Rush Ave 2nd Floor-North Binghamton, NY 13903 USA.

Please provide our Agent with the following Notice:

Identify the copyrighted work or other intellectual property that you claim has been infringed;

Identify the material on the MessengerPlayer service that you claim is infringing, with enough detail so that we may locate it on the service;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

Your address, telephone number, and email address; and

Your physical or electronic signature.

MessengerPlayer's Agent will forward this information to the alleged infringer

Standards of Conduct

We reserve the right to terminate an account when the user's expression infringes on MessengerPlayer's or other users' rights, including intellectual property and privacy rights. We may also limit the conduct of users that users find objectionable. Without limitation, MessengerPlayer reserves the right to terminate your access to and use of the Site or Service if, in our view, your conduct fails to meet any of the following guidelines or other guidelines that may be provided on the MessengerPlayer Site from time to time:

You will not use MessengerPlayer for any activity that violates applicable federal, state, local or international law, or for any unlawful purpose.

You will not use MessengerPlayer for any activity that constitutes harassment.

You will not attempt to interfere with any other person's use of the Site or Service.

You will not use any other user's personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other user.

You will not misrepresent their identity or impersonate any person, whether celebrities, political figures, cartoon characters, or otherwise.

You will not create a false or misleading identity of, or falsely state or otherwise misrepresent, your affiliation with, a person or entity.

Unless otherwise authorized, You will not hold yourself out as sponsored by, endorsed by, or affiliated with MessengerPlayer.

You will not use the Site or Service for uploading, posting, emailing, transmitting, disseminating, or otherwise making available junk mail, spam, chain letters, pyramid schemes, unsolicited or unauthorized commercial advertisements or promotional materials, or any other form of commercial solicitation.

You will not use the Site or Service to collect or harvest personally identifiable information, including account names.

You will not use the Site or Service for uploading, posting, emailing, transmitting or otherwise making available messages, files, or other material, including profiles, that infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party.

You will not use the Site or Service for uploading, posting, emailing, transmitting or otherwise making available messages, files, or other material, including profiles, that are harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.

You will not use the Site or Service for uploading, posting, emailing, transmitting or otherwise making available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

You will not attempt to gain unauthorized access to MessengerPlayer's database or other computer systems or to circumvent, disable or otherwise interefere with security-related features on the Site or features that prevent or restrict use or copying of any Member Content.

You will not reformat or frame any portion of the Web pages that are part of the Site.

You will not use MessengerPlayer for any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Site or the Service.

You will not use the Site or Service or any information contained within for commercial gain. However, MessengerPlayer reserves the right to allow particular users to use the Site or Service for commercial purposes pursuant to a separate written agreement.

All judgments concerning the applicability of these guidelines will be at the sole and exclusive discretion of MessengerPlayer.

Violations of Agreement

You may report violations of the MessengerPlayer standards of conduct, improper account use, identity theft, and all other violations of the terms of this Agreement, to violations@MessengerPlayer.com. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

Representations and Warranties

By completing the membership registration process, you are representing and warranting that:

You are over the age of majority and can form a legally binding contract under applicable law.

You have provided true, accurate, current and complete information about yourself as prompted in the registration process.

You are not using the Site or Service for any improper or illegal purpose, and that you will act in good faith in your relationships with MessengerPlayer and other users and will abide by the rules set forth by MessengerPlayer or the community.

Third Party Content, Sites, and Services

The Site and/or Service contain features and functionalities that may link you or provide you with certain functionality and access to third party content, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. We may also provide some content to you as part of the Site and/or Service. We are not responsible for any third party content you access with the Site and/or Service, and you irrevocably waive any claim against us with respect to such sites and third-party content. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party related to the Site and/or Service, including the delivery of and payment for goods and services.

Privacy and Security

MessengerPlayer has established a Privacy Policy, explaining to its users how their information is collected and used. You can read the Privacy Policy by visiting: http://www.MessengerPlayer.com/

Your use of the Site and/or Service signifies acknowledgment of and agreement to MessengerPlayer's Privacy Policy. You further acknowledge and agree that MessengerPlayer may disclose your personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, or to protect the rights, property, or personal safety of MessengerPlayer, its employees, users and third parties, and the public, or as otherwise described in the Privacy Policy.

Users are solely responsible for the privacy of their own Member Content. The Site and Service are designed for users to use privacy settings to determine the visibility of data throughout the Service, and to limit its spread to other systems.

MessengerPlayer uses industry standard security measures to protect the loss, misuse and alteration of the information you provide. Although we make good faith efforts to store the non-public information provided by members in a secure operating environment that is not available to the public and to honor your privacy settings, we cannot guarantee complete security. Further, while we make every effort to ensure the integrity and security of our systems, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally accessing your private Member Content or personal information.

Disputes

If there is a dispute between users or between users and any third party, you understand and agree that MessengerPlayer is under no obligation to become involved. In the event that you have such a dispute, you hereby release MessengerPlayer, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.

Disclaimer of Warranty

MessengerPlayer intends for the information contained on its Site and Service to be accurate and reliable; however, errors sometimes may occur. In addition, MessengerPlayer may make changes and improvements to the information provided herein at any time.

MessengerPlayer PROVIDES THE SITE AND SOFTWARE TO YOU "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, STATUTORY, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU AGREE THAT USE OF THE SITE AND SERVICE IS ENTIRELY AT YOUR OWN RISK. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, MessengerPlayer DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE OR SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, MessengerPlayer DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR SERVICE, OR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY OTHER MEMBER. TO THE FULLEST EXTENT PERMITTED BY LAW, MessengerPlayer DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICE OR SITE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL MessengerPlayer BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MessengerPlayer HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ON ACCOUNT OF MEMBER'S USE OR MISUSE OF THE SITE. SOFTWARE OR NETWORK, OR FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY OTHER MEMBER, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR SERVICE, FROM INABILITY TO USE THE SITE OR SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR SERVICE. SUCH LIMITATION WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR SERVICE, ANY INTERACTIONS BETWEEN MEMBERS, WHETHER ONLINE OR OFFLINE, OR FOR DAMAGES INCURRED BY YOUR BREACH OF THIS AGREEMENT. THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANY PROVISION HEREIN TO THE CONTRARY, MessengerPlayer’S DAMAGES, IF ANY, TO YOU SHALL BE LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO MessengerPlayer FOR SERVICES HEREUNDER. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

Indemnification

You agree to indemnify and hold MessengerPlayer, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute arising from or in any way related to your use of the Site or Service, or from a breach of terms of this Agreement or your representations and warranties. You agree to hold MessengerPlayer harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to your violation of this Agreement.

Term and Termination

The term of this Agreement will commence when you register for the Service and will continue thereafter until terminated by either party. However, if you fail to fulfill any of your material obligations under this Agreement, this Agreement and all licenses and rights granted to you under this Agreement will terminate immediately, and you agree that you will promptly discontinue use of the Site and Service.

You agree that MessengerPlayer, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Member Content within the Service, for any reason, including, without limitation, if MessengerPlayer believes that you have acted inconsistently with the letter or spirit of this Agreement. Further, you agree that MessengerPlayer will not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to access or use the Site or Service after said termination. Sections 5-11 will survive termination of this Agreement.

Modifications

MessengerPlayer reserves the right to modify or amend this Agreement at any time, for any reason, or for no reason at all, at MessengerPlayer's sole discretion. The most up to date version of this Agreement will be posted on the MessengerPlayer Site at: http://www.MessengerPlayer.com

As a user it is your sole responsibility to keep yourself apprised of any such modifications or amendments. Modifications will become effective immediately upon the posting thereof. Therefore, we encourage you to check the date of our Terms of Use whenever you visit the Site to check if they have been updated. You must review this Agreement on a regular basis to keep yourself apprised of any changes.

You acknowledge that MessengerPlayer reserves the right at any time to modify or discontinue the Site or Service (or any features or parts thereof) with or without notice and that MessengerPlayer will not be liable to you or to any third party for any such modification, suspension or discontinuance.

Should you object to any terms and conditions of the Agreement or any subsequent modifications to the Agreement, the Service or the Site or become dissatisfied with MessengerPlayer in any way, your only recourse is to immediately: (1) discontinue use of the Site and Service; (2) terminate your registration; and (3) notify MessengerPlayer of termination.

Your continued use of the Site or Service following the posting of modifications will constitute your acceptance of the revised Terms of Use.

General

MessengerPlayer may give notice to you by email, a posting on our Site, or other reasonable means. You must give notice to MessengerPlayer in writing via email or as otherwise expressly provided by MessengerPlayer. MessengerPlayer may broadcast, distribute or display notices or messages on the Site or through the Service to inform you of changes to MessengerPlayer, the Site or Service, or other matters of importance; such broadcast, distributions or displays will constitute notice to you.