10tune.com Terms of Service (version December 2007)

Introduction
Welcome to 10tune.com, a social community site where members can share and list their personal all time favorite music, movies or books top 10 and can be matched based on these all time favourite lists (the ´10tune Service´). By using the 10tune Service you accept and agree to be bound by the following terms and conditions (the 'Terms of Service', whether you are a "visitor" (which means that you simply visit the 10tune Website) or you are a "member" (which means that you have an account with 10tune.com)). The Terms of Service set forth the legally binding terms for the use of the 10tune Service.

If you wish to become a Member, communicate with other Members and make use of the 10tune Service, you must read these Term of Service and indicate your acceptance during the registration process.

Registration
You must be 13 years or older to use the 10tune Service. By registering as member on the 10tune website and therefore as user of the 10tune Service, you represent and warrant that you are 13 or older and that you have the capacity to understand, agree to and comply with these Terms of Service. You should provide true, accurate and complete registration information to be a 10tune.com member ('Member'). As part of the registration process, you will be asked to select a username and password and you will be responsible for all your activities on the 10tune.com website occurring under your username and for keeping your password strictly confidential. We may not grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.

Conduct and Appropriate Content on the 10tune.com website
The 10tune Service is made available for your personal, non-commercial use only. The 10tune Service may not be used for any illegal or unauthorized purpose. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, links and other content ('Materials') that you submit, post, and display on the 10tune Service.

We may, but shall have no obligation to, remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service. Further, under no circumstances does 10tune has any obligation to check the accuracy or truthfulness of the any Materials, nor to monitor any Member's use of the 10tune Service.

Changes to Terms of Service
10tune reserves the right, at its sole discretion, to change, modify, add, or delete these Terms of Service at any time without any further prior written notice. If we do this, we will post the changes to these Terms of Service on this page. If you continue to use the 10tune Service after any such change posted on the website, such continued use constitutes your acceptance of the new Terms of Service.

CONDITIONS FOR USE
You agree to abide by all applicable local and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the 10tune Service. A not exhaustive list of examples of acts or omissions that you agree NOT to perform on 10tune.com are listed below:

- Abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of other Members.
- Publish, distribute and/ or disseminate any harmful, obscene, unlawful, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information.
- Use other Members' personal data for purposes other than making contact that is reasonably expected to be welcomed by such other Members
- Submit materials that are unlawful or promote or encourage illegal activity or that would violate the property rights of others.
- Submit materials of any third party without such third party's prior written consent, or materials that falsely express or imply that such materials are sponsored or endorsed by 10tune.com
- Create a false or misleading identity of, including, but not limited to, a 10tune employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others.
- Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Use the 10tune Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the website.
- Attempt to gain unauthorized access to the 10tune Service, other accounts, computer systems or networks connected to the 10tune Service, through password mining or any other means.
- Modify, adapt, translate, or reverse engineer any portion of the 10tune Service, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the 10tune Service.
- Reformat or frame any portion of the web pages that are part of the 10tune Service.
- Disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law.
- Remove any copyright, trademark or other proprietary rights notices contained in or on the 10tune Service.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
- Interfere with another Member's use and enjoyment of the 10tune Service.
- Harvest or collect email addresses or other contact information of Members, including usernames, from the 10tune.com website by electronic or other means.

Proprietary Rights
We own and retain all proprietary rights in the 10tune website and the 10tune Service. The Website contains certain copyrighted material, including links and compilations of individual data, trademarks, and other proprietary information of 10tune, our Members, and our licensors. Except for any information which is In the public domain, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary materials or information without our express written consent in each case.

License

By publishing, displaying, or uploading any text, links, photos, video, messages, or other data or information (the ´Content´) on or to the 10tune website (including on or to your profile), you automatically grant, and you represent and warrant that you have the right to grant, to 10tune an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing.

Privacy Policy
The use of personal information is governed by our Privacy Policy.

Copyright Policy
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to third parties without obtaining the prior written consent of the owner of such proprietary rights..10tune.com has the policy to terminate in appropriate circumstances the accounts of users or 10tune Members who repeatedly infringe or are believed to be infringing the rights of copyright holders.

Termination of the 10tune Service
These Terms of Service apply to your use of the 10tune Service. You can at any time, terminate your account by clicking "Delete Account" on the "Edit My Profile" page. We reserve the right to (at any time) immediately without any prior written notice to terminate your membership, for any reason. Once your membership terminates, you will have no right to use the 10tune Service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.


Disclaimer of Warranties
10tune and its affiliates, licensors, partners, members, suppliers, employees, consultants and agents disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or Materials displayed on the 10tune Service.

10tune further expressly disclaims (a) that the 10tune Service will meet your requirements and will be uninterrupted, error-free, timely, or secure, (b) that defects,errors or technical malfunctions will be corrected, (c) that the 10tune Service or the server, computer equipment, only systems or providers that makes it available are free of viruses or other harmful components, and (d) that the use of or the results of the use of the 10tune Service or the content made available as part of the 10tune Service will be correct, accurate, timely, or otherwise reliable.

The 10tune Service is provided "AS-IS" and as available and 10tune.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. 10tune.com cannot guarantee and does not promise any specific results from use of the 10tune Service.

10tune expressly disclaims any and all responsibility and liability for the conduct of any other Member, and expressly disclaims that the content and Materials of the 10tune Service input by other Members is correct or accurate.

Indemnity
You agree to indemnify and hold 10tune.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the 10tune Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any content that you post on the 10tune.com Website or through the 10tune Service causes 10tune.com to be liable to another.

Limitation of Liability
Your use of the 10tune service is at your sole risk. under no circumstances will 10tune, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, members, agents, and employees, be liable to you for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages or losses (including without limitation loss of profits, goodwill, use, data, or other intangible losses), whether based in contract, tort, strict liability, or otherwise, arising out of or in connection with use of, or inability to use, the 10tune service, whether or not 10tune has been advised of the possibility of such damages or loss. such limitation of liability shall apply (i) whether the damages arise from use or misuse of and reliance on the 10tune service, from inability to use the 10tune service, or from the interruption, suspension, or termination of the 10tune service (including such damages incurred by third parties), and (ii) notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law. If you are dissatisfied with the 10tune service or any part of the 10tune service your sole and exclusive remedy is to discontinue using the 10tune service. Some countries, do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you. Under no circumstances shall 10tune be liable to you for any amount exceeding five hundred euro (€500.00).

Notices
10tune may provide you with notices regarding the 10tune.com Service or these Terms of 10tune Service by regular mail, email, or postings to this Web site.

Legal Compliance
You shall comply with all applicable local and international laws, regulations, contracts and applicable licenses regarding your use of the 10tune Services.

Miscellaneous
These Terms of Service will be governed by and construed in accordance with the laws of the Netherlands. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in Amsterdam, the Netherlands. You shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.


I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.