Please read this agreement carefully: The terms and conditions stated in the agreement below shall at all times govern your use of any of the services, music, materials, information, and features at www.MobileUnderground.com.  This Policy may change from time to time, so please check back periodically.

1. Application: This Terms of Service Agreement (“Agreement") shall apply to any use by you of the content and services of the MobileUnderground website located at http://www.MobileUnderground.com and any subdomains (the “Site”). The terms and conditions stated in this Agreement ("Terms and Conditions", "Terms of Service", or "TOS") shall be binding upon you and shall govern your use of any of the services, music, materials, information, and features at www.MobileUnderground.com.

Your acceptance of and compliance with the Terms and Conditions are conditions for your access to all services provided by MobileUnderground. As long as you comply with these Terms and Conditions, MobileUnderground grants you (“End User”) a conditional, personal, non-exclusive, non-transferable, and revocable privilege to enter and use the Site.

The term "End User" as used in this Agreement shall include disc jockeys ("DJ's"). The term "personal use" shall include the use of Downloads (defined in Paragraph 4 below) by DJ's as part of their DJ sets subject to the DJ's compliance with all applicable reporting requirements as set forth in Paragraph 5 below.

2. Content: All of the services, music, materials, information, features, downloadable music files, audio samples, audio streams, software, text, images, graphics, user interface, videos, photographs, trademarks, logos, artwork (“Content”), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site is owned exclusively by MobileUnderground or has been licensed to MobileUnderground for its use subject to the Terms and Conditions. As between End User and MobileUnderground, all Content is owned by MobileUnderground and shall be deemed to constitute the intellectual property of MobileUnderground and, as such, is subject to all applicable intellectual property rights laws including but not limited to copyright and trademark laws.

3. Restrictions: Except as expressly provided in this Agreement, you shall not at any time record, reproduce, copy, transmit, retransmit, sell, rent, broadcast, distribute, publish, upload, post, publicly display, incorporate into new works, alter, perform, digitize, compile, translate or transmit in any way to any other computer, website or other medium or for any purpose, any part of the Content or the Site without MobileUnderground's express prior written approval.

4. Limited License: Notwithstanding the use of the terms “sell,” “purchase,” “order,” or “buy” on the Site or in this Agreement, upon receipt of payment MobileUnderground shall grant to you a limited, non-transferable, personal, conditional license to your personal use of each downloadable digital file containing any Content ("Download(s)") subject to the Terms and Conditions of this Agreement.

5. Permitted Uses: Under this limited license you shall have the right to copy or transfer the relevant digital file to any desktop computer, laptop computer, or playback device owned by you, and/or to a recordable medium (such as CD-R or DVD-R) for your personal use without restriction but subject at all times to the fair use provisions of the United States Copyright Act, 17 U.S.C. §107.

Notwithstanding anything to the contrary stated elsewhere in this Agreement, you shall be entitled to publicly perform Downloads as part of DJ performances provided that you shall submit the playlist information for any use of the Downloads as part of such DJ performances to the relevant performing rights society(ies) as required under applicable laws. For the avoidance of doubt, we shall not be responsible for payment of public performance royalties or phonographic performance royalties to the relevant society(ies) with respect to your use of Downloads and you hereby expressly agree to indemnify us against any third party claims arising in connection with your use of Downloads as part of DJ performances.

The permitted uses as stated above with respect to each Download shall also apply to any audio-visual files, label copy, description, artwork, logos and any other materials associated with the relevant Download ("Metadata").

The territories in which Downloads are available for a particular Title or Track vary from record label to record label, from Title to Title and from Track to Track. The permitted uses apply only in those territories specified next to the download button for each Title or Track.

No other transfers, copies or uses of the Downloads, materials or audio samples are permitted. All other rights are hereby expressly reserved.

6. Prohibited Uses: The limited license granted by MobileUnderground to you for your personal use of each Download and any Content or Metadata shall be subject to the following restrictions which you hereby expressly agree to comply with at all times as follows:

(a) You shall not copy or transfer the relevant Download or any Content or Metadata to any desktop computer, laptop computer, or playback device not owned or regularly used by you;

(b) You shall not copy or transfer the relevant Download or any Content or Metadata to a recordable medium (such as CD-R, DVD-R) which you distribute or sell to any third party;

(c) You shall not transmit the relevant Download or any Content or Metadata to any third party via the Internet or otherwise;

(d) You shall not upload the relevant Download or any Content or Metadata to any website or other medium accessible by any third party via the Internet or otherwise and you hereby expressly agree not to make the relevant digital file available to any third party through so-called "file sharing" services;

(e) You shall not bundle or compile Downloads or any Content or Metadata for distribution or sale of bundled or compiled Downloads or any Content or Metadata to any third party; you shall not incorporate, interpolate, sample or combine with other copyrightable material any portion of the Downloads or any Content or Metadata to create new musical or audio-visual works;

(f) You shall not incorporate, interpolate, edit, alter, sample or combine with other copyrightable material any portion of the Downloads or any Content or Metadata to create any derivative works;

(g) You shall not engage in any unauthorized commercial use of the Downloads or other relevant digital files or any Content or Metadata without express prior written permission to do so. For the avoidance of confusion, this shall not affect your ability to use the Downloads in connection with professional DJ equipment such as “Final Scratch” and the like or the use of Downloads by DJ's as part of their DJ sets subject to the DJ's compliance with all applicable reporting requirements as set forth in Paragraph 5 above.

(h) You shall not reverse engineer, decompile, disassemble, modify or disable any watermarking or copy protection or use limitation features or software which may be contained in the Downloads or other relevant digital files.

Except as expressly stated above as a Permitted Use under this Agreement, all other non-enumerated uses of the relevant digital file are prohibited and shall constitute a TOS violation. You hereby agree to indemnify and hold harmless MobileUnderground for any damage or expense incurred by MobileUnderground resulting from any failure by you to comply with the provision of this section of the Agreement.

7. Accounts and Passwords: To purchase items on MobileUnderground you must first open an account with ClickandBuy subject to the terms and conditions found at: http://www.clickandbuy.com/US/en/company/agb/popup_surfer.html

(a) You shall not attempt to gain access to the password-protected portions of MobileUnderground's Site and services without using your password or by any other unauthorized means. Any attempt to gain unauthorized entry to the Site or the services through hacking, cracking, spoofing or any other means other than using your account and password shall constitute a TOS violation.

(b) Any action to assist or enable any third party to gain unauthorized access to MobileUnderground's Site or services by any means shall constitute a TOS violation.

8. Termination. You may terminate your account with MobileUnderground at any time by communicating your wish to do so to MobileUnderground in writing via e-mail.

You hereby expressly agree that MobileUnderground may terminate your account as follows:

(a) MobileUnderground may terminate your account for cause in its sole discretion and without prior notice. "Cause" within the meaning of the foregoing sentence shall include but not be limited to: (1) any TOS violation; (2) discontinuation or material modification of the Site or any service offered thereon; (3) failure to pay for purchases; (4) copyright infringement; (5) requests by law enforcement or other government agencies.

(b) MobileUnderground shall at all times remain entitled to terminate your account for any other reason which may or may not fall within the definition of "cause" above in its sole discretion.

(c) Upon termination of your account hereunder, all of the operative provisions and definitions of this Agreement shall continue to remain in effect and shall continue to govern the interpretation of this Agreement and all rights and remedies accruing under this Agreement.

You hereby expressly agree that you shall not be entitled to seek any compensation from MobileUnderground or any third party for the termination of your account.

11. Warranties. The MobileUnderground Site, the Downloads, the audio samples and all other relevant digital files as well as all artwork, software, data are offered on an "as is" basis only. MobileUnderground provides a warranty only with respect to Downloads legally obtained by an End User from MobileUnderground pursuant to this agreement. The warranty is as follows: Download(s) will be replaced upon request, if any defect or product malfunction is expressly stated within thirty (30) days of the original purchase date. However no refunds are to be issued for any purchased Download(s). EXCEPT AS EXPRESSLY STATED, MOBILEUNDERGROUND EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER RELATING TO THE MOBILEUNDERGROUND WEBSITE OR THE USE OF MOBILEUNDERGROUND'S SERVICES HEREUNDER. It is hereby expressly agreed that there shall be no implied warranties of merchantability or suitability with respect to any aspect of MobileUnderground's Site, software, services, Downloads or any other materials featured on or obtained from MobileUnderground. MobileUnderground specifically disclaims any warranties against viruses, software incompatibilities, or any other effect which MobileUnderground's Downloads, software, Site or services may have on the computer, telecommunications and/or other electronic equipment owned or operated by the End User.

12. Limitation of Liability. You hereby expressly agree that you shall use the MobileUnderground Site and services at your own risk. In any event, neither MobileUnderground nor its officers, employees, or shareholders shall be liable for any consequential, incidental, direct, indirect, punitive, special or other damages whatsoever, including without limitation any business interruption, loss of profits, loss of information or any other business related damages, with respect to any matter or claim arising as a result of or in connection with this Agreement, or the use of any Downloads or other MobileUnderground services, or the inability to use any Downloads or other MobileUnderground services, or any failure by MobileUnderground to provide any Downloads or other MobileUnderground services at any time, or otherwise arising out of or in connection with the use of the MobileUnderground Site whether based on contract, tort, negligence, at law or in equity. You hereby acknowledge and confirm that you are on notice of MobileUnderground's disclaimer of warranties and limitation of liability as set forth in this Agreement and you expressly agree to these disclaimers and limitations as a condition of using any of MobileUnderground's services. If, notwithstanding the foregoing and for any reason MobileUnderground is found to be liable to End User for any matter in connection with this Agreement, MobileUnderground's liability shall be limited to any amounts actually paid to MobileUnderground by the End User.

13. Copyright and Intellectual Property Rights Policy.

Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), MobileUnderground will terminate the account of any End User or other customer or vendor who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so.

MobileUnderground will terminate the infringing End User's or customer's or vendor's account once any copyright infringement or any other violation of the intellectual property rights of any third party has been established by a court of competent jurisdiction. MobileUnderground may also in its sole discretion decide to terminate an End User's or customer's or vendor's account privileges prior to that time if it has good faith belief that infringement has in fact occurred or that it is more likely than not that such an infringement will be confirmed.

MobileUnderground shall not be liable to any End User for the termination of an account hereunder and you hereby expressly agree that MobileUnderground shall at all times reserve the right to terminate any account based on the policy against copyright infringements as set forth herein.

MU respects the intellectual property of others and we ask other to do the same. If you believe that your copyright has been infringed through the MobileUnderground website, please contact:

copyrights@mobileunderground.com

Any written notice describing the infringing activity must include the following information: (1) An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed; (2). A description of the allegedly infringing work or material; (3) A description of where the allegedly infringing material is located on the site; (4) Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address; (5) A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law; and (6). A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.

14. Governing Law. You agree that all matters relating to your access to and use of MobileUnderground's Site and services and any purchases made from the Site, including all disputes arising out of these Terms of Service, shall at all times be governed by the laws of the United States and specifically by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction of and venue in the State and Federal courts located in Los Angeles County, California. Any claim under these Terms of Service must be brought within one (1) year after the cause of action arises.