THIS IS A TERMS OF SERVICE AGREEMENT BETWEEN YOU AND RESONANT VIBES LLC, A KENTUCKY LIMITED LIABILITY COMPANY (THE "COMPANY"), WHICH SETS FORTH THE TERMS AND CONDITIONS GOVERNING YOUR USE OF THE RESONANT VIBES STORE SERVICE (THE "SERVICE"). THIS AGREEMENT, TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, LICENSES, AND ALL OF THE COMPANY'S RULES AND POLICIES, IS REFERENCED HEREINAFTER AS THIS "AGREEMENT." BY USING THE SERVICE, YOU WILL INDICATE YOUR ACCEPTANCE OF ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN. THE COMPANY MAY AMEND THIS AGREEMENT AT ANY TIME WITHOUT PROVIDING NOTICE TO YOU. IF YOU USE THE SERVICE AFTER ANY AMENDMENTS HAVE BEEN MADE BY THE COMPANY, SUCH USE WILL INDICATE YOUR ACCEPTANCE OF ALL SUCH AMENDMENTS. IN ORDER TO USE THE SERVICE, YOU MUST ACCEPT AND ABIDE BY THE TERMS AND CONDITIONS SET FORTH HEREIN: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND THE COMPANY MAY REFUSE ACCESS TO THE RESONANT VIBES STORE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.

1. Description of the Service. The Company is the provider of the Resonant Vibes Store that permits you to purchase, among other items, downloads of digital content - such as sound recordings - under the terms and conditions set forth herein.

2. Age requirements for use of the Service. This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.

3. Objectionable Material. You understand that by using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree that you will make use of the Service at your sole risk and that the Company shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.

4. System Requirements. Use of the Service requires a compatible device, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Service involves Internet access, certain software, and hardware, your ability to use the Service may be affected by the performance of such factors. High-speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service.

5. Policies and Rules. Your use of the Service and purchases made through it are subject to the Company's sales policies, which can be readily viewed on the Service, and any end-user agreements or other terms and conditions required for use of the Service, all of which are hereby made a part of this Agreement. If you have not already read the Company's sales policies, you should do so now.

6. The Company's Privacy Policy. Except as otherwise expressly provided for in this Agreement, the Service is subject to the Company's privacy policy, which is provided at http://www.resonantvibes.com/legal/privacy/, which is expressly made a part of this Agreement. If you have not already read the Company's privacy policy, you should do so now.

7. Your Information. You agree to provide accurate, current, and complete information as requested in order to register with the Service and at other points as may be required in the course of using the Service ("Registration Data"). You further agree to update your Registration Data as required to maintain its accuracy, currency, and completeness. The Company may terminate your rights to any or all of the Service if any information you provide is false, inaccurate, or incomplete. You agree that the Company may store and use your Registration Data (including credit card information) for use in maintaining your accounts and billing fees to your credit card.

8. User Account and Security. Account and Password. As a registered user of the Service, you may receive or establish an account ("Account"). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else's Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify the Company of any unauthorized use of your Account or any other breach of security. The Company shall not be responsible for any losses arising out of the unauthorized use of your Account.

9. Purchase of Company Content

a. You acknowledge that use of products purchased through the Service, such as sound recordings and related artwork ("Products"), may require the use of other hardware and software products (e.g., the ability to make copies of Products on physical media and render performance of Products on authorized digital player devices), and that such hardware and software is your responsibility. Once a Product is purchased and you receive the Product, it is your responsibility not to lose, destroy, or damage the Product, and the Company shall be without liability to you in the event of any loss, destruction, or damage.

b. The Company reserves the right not to post or publish any materials, and to delete, remove or edit any material, at any time in its sole discretion without liability.

10. Territory. The Service is currently available only in the United States and is not available in any other location. You agree not to use or attempt to use the Service from outside of the available territory, and that the Company may use technologies to verify your compliance.

11. Agreement to Pay.

a. Payment for Products. You agree to pay for all Products you purchase through the Service, and that the Company may charge your credit card for any Products purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING THE COMPANY WITH A VALID CREDIT CARD FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card you designate during the registration process. If you want to designate a different credit card or if there is a change in your credit card status, you must change your credit card information as stored in the Company's records. (There may be a temporary disruption of your access to the Service until the Company can verify the validity of the new credit card information.)

b. Right to Change Prices and Availability of Products. Prices and availability of any Products are subject to change at any time.

c. Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS INTO WHICH YOU ENTER ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.

d. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

12. No Refunds. All sales are final, and all charges from those sales are nonrefundable.

13. Intellectual Property.

a. Acknowledgement of Ownership. You agree that the Service, including but not limited to graphics, audio clips, and editorial content, contains proprietary information and material that is owned by the Company and/or its licensors and protected by applicable intellectual property and other laws, including, but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.

b. Removal of Company Content or Other Materials. Notwithstanding any other provision of this Agreement, the Company and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Service at any time without notice. In no event will the Company be liable for the removal of or disabling of access to any such Products, content, or materials under this Agreement. The Company may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.

c. Copyrights. All copyrights in and to the Service, including but not limited to, the Company's website (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by the Company and/or its licensors. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

d. Trademarks. The Company, the Company's logo, and other Company trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of the Company in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

14. Termination.

a. Termination by the Company. If you fail, or the Company suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to, failure to make payment of fees due, failure to provide the Company with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, the Company, in its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) preclude access to the Service (or any part thereof).

b. Termination of the Service. The Company reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and the Company will not be liable to you or to any third party should it exercise such rights.

15. General Compliance with Laws. The Service is controlled and operated by the Company from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.

16. Enforcement of These Terms. The Company reserves the right to takes steps the Company believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to the Company's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights). You agree that the Company has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as the Company believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to the Company's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights).

17. No Responsibility for Third Party Materials or Web sites. Certain content, Products, and services available via the Service may include materials from third parties. In addition, the Company may provide links to certain third party websites. You acknowledge and agree that the Company is not responsible for examining or evaluating the content or accuracy of any such third party material or Web sites. The Company does not warrant or endorse and does not assume and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties. Links to other websites are provided solely as a convenience to you.

18. Disclaimer of Warranties; Liability Limitations.

a. THE COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME THE COMPANY MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

b. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY THE COMPANY) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

c. IN NO CASE SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE COMPANY'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

d. THE COMPANY SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND THE COMPANY HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

e. THE COMPANY DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND THE COMPANY DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.

19. BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD THE COMPANY, ITS MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY THE COMPANY AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM THE COMPANY, ITS MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF THE COMPANY'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

20. Changes. The Company reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the Service following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.

21. Notices. The Company may send you notice with respect to the Service by sending an email message to the email address listed in your Company Account contact information, by sending a letter via postal mail to the contact address listed in your Company Account contact information, or by a posting on the Company Store. Notices shall become effective immediately upon having been sent.

22. Governing Law. The laws of the Commonwealth of Kentucky, excluding its conflicts of law rules, govern these terms and conditions of this Agreement. Your use of the Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with the Company or relating in any way to your use of the Service resides in the courts of the Commonwealth of Kentucky.

23. Miscellaneous. The terms and conditions set forth in this Agreement constitute the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and the Company. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party content, or third party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The Company's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such provision, or any other provision of this Agreement. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions shall remain in full force and effect. The Company will not be responsible for failures to fulfill any obligations due to causes beyond its control.