Terms of Use

Effective July 1, 2006

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. Your use of this site means that you agree to these terms of use. If you do not agree to these terms of use, do not use the site.

This Agreement governs your access to and use of this Website, including all of its corresponding pages (collectively, the "Site") and the content of the Site (the "Content"; Content includes, but is not limited to, all text, graphics, logos, icons, images, data, graphs, audio, videos, computer programs and other material and information contained on, or utilized in the provision of, the Site). This Agreement is between Mobile Sounds Entertainment, Inc. and any party accessing or otherwise using the Site or the Content (the "User," also referred to herein as "you," "your," etc.; if the User is accessing or using the Site or the Content for any reason other than personal, individual use, then "you," "your," etc., also means the company or other entity on whose behalf the user is accessing or using the Site and/or Content). By accessing or using the Site, you acknowledge, and assent to be bound by, the terms of use set forth herein in their entirety, as well as all applicable laws and regulations.

INTELLECTUAL PROPERTY
Copyright. All Content is the copyrighted property of Mobile Sounds Entertainment, Inc. or its content suppliers.

All comments, suggestions, ideas, notes, drawings, concepts, or other information disclosed or offered through use of this Site or in response to solicitations in this Site or other Mobile Sounds Entertainment, Inc. sites (collectively, the "Disclosures") shall become the property of Mobile Sounds Entertainment, Inc. Mobile Sounds Entertainment, Inc. is entitled to (and may grant to others) unrestricted use of the Disclosures for any purpose whatsoever, commercial or otherwise, without compensation to you. Mobile Sounds Entertainment, Inc. has no obligation to keep any Disclosure confidential.

Trademarks. "Mobile Sounds Entertainment, Inc." and "mobilesoundsdj.com" are trademarks of Mobile Sounds Entertainment, Inc.. All other marks, names, and logos mentioned on the Mobile Sounds Entertainment, Inc. site are the property of their respective owners. Without prior written consent, your use of the Mobile Sounds Entertainment, Inc. trademarks and other marks, names and logos set forth on the Site is strictly prohibited.

License. Mobile Sounds Entertainment, Inc. hereby grants you a limited, nonexclusive, non-transferable personal license to use the Site and the Content for personal use only. You may print, download and store the Content for non-commercial, personal use only, provided that you do not modify or remove any copyright or other proprietary notices contained on the Content. This license is conditioned on your compliance with the terms and conditions in this Agreement.

Restrictions. Except as expressly authorized herein, you may not use, copy, distribute, modify or create derivative works from, disclose, display, transmit, or post the Content for any purpose, in whole or in part. All rights not expressly granted herein are reserved to Mobile Sounds Entertainment, Inc.

Right to Injunction. You acknowledge and agree that any use of the Site or the Content in any unauthorized manner or other violation of Mobile Sounds Entertainment, Inc.'s proprietary rights will damage Mobile Sounds Entertainment, Inc. in an amount that is difficult or impossible to measure and that Mobile Sounds Entertainment, Inc. is entitled, as a non-exclusive remedy, to an injunction prohibiting such continued unauthorized use, an accounting and disgorgement of any profits you receive from such use, and other equitable relief without posting of security.

RESTRICTIONS
You agree that: (a) you will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false IP addresses or headers, or otherwise conceal your identity from Mobile Sounds Entertainment, Inc. for any purpose; (b) you will not disseminate or transmit any unsolicited commercial e-mail messages (SPAM), chain letters, bots, spiders, crawlers, or other repetitive information collection or distribution devices (and you will use reasonable efforts to prevent others from doing the same); (c) you will not export, download or transmit any message or content in violation of any law; (d) you will not take any action which may harm or negatively impact the Site or its availability; (e) you will not attempt to discover, use, copy or modify the information or materials of others or in any way violate their privacy or security; (f) you will not post to the Site any illegal or otherwise inappropriate material, including but not limited to, pornographic, obscene or offensive text, graphics or images or any virus, time bomb, Trojan horse, or other like material; and (g) you shall not use the Site or the Content in any manner that is patently offensive, including but not limited to posting information or material that includes pornography, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, that could be harmful to minors, or that harasses or advocates harassment of another person or entity.

DISCLAIMER OF WARRANTIES
THE SITE AND CONTENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MOBILE SOUNDS ENTERTAINMENT, INC. DOES NOT WARRANT THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. MOBILE SOUNDS ENTERTAINMENT, INC. ALSO DOES NOT WARRANT THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOBILE SOUNDS ENTERTAINMENT, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE SITE, THE CONTENT, AND ANY OTHER INFORMATION, MATERIAL, PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THE SITE, OR YOUR USE OF THE SAME, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

LIMITATION OF LIABILITIES
USE OF THIS SITE AND THE CONTENT IS AT YOUR SOLE RISK. YOU AGREE THAT LIMITATION OF LIABILITIES. USE OF THIS SITE AND THE CONTENT IS AT YOUR SOLE RISK. YOU AGREE THAT MOBILE SOUNDS ENTERTAINMENT, INC. SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND, INCLUDING, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS) ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, THE CONTENT, ANY OTHER INFORMATION, MATERIALS, PRODUCTS, OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THE SITE, YOUR USE OF OR INABILITY TO USE THE SAME, OR OTHERWISE IN CONNECTION WITH THE SITE OR CONTENT, WHETHER ARISING FROM CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER MOBILE SOUNDS ENTERTAINMENT, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Mobile Sounds Entertainment, Inc., its affiliates, and their officers, directors, agents, employees and contractors from and against any and all liabilities, obligations, claims, damages, costs and expenses, including reasonable attorneys' fees, arising out of or related in any way to your use of the Site or the Content, violation of this Agreement, violation of any law or infringement of any third party right or property.

PRIVACY
Mobile Sounds Entertainment, Inc's privacy policy is incorporated herein by reference, and is available for review at http://www.mobilesoundsdj.com/privacypolicy.

Our Policy Concerning Children. Mobile Sounds Entertainment, Inc.'s services are not intended for use by children, and Mobile Sounds Entertainment, Inc. does not knowingly collect any personally identifiable information from children. If you are under 13, you may not submit or post any information or material on the Site or otherwise provide such information to Mobile Sounds Entertainment, Inc., including but not limited to personally identifiable information.

USER SUBMISSIONS TERMS OF USE
You are solely responsible for any Disclosures you make, including but not limited to, posts to Site discussion boards, newsgroups or forums and all other content or submissions you provide to the Site.

You may not post any messages misrepresenting yourself or using a false e-mail address. In all forums, you must post under your own username. You may not submit anything to which you do not have full rights, including the right to grant rights and ownership in the submission to Mobile Sounds Entertainment, Inc. as described above. You acknowledge that any submitted materials belong to Mobile Sounds Entertainment, Inc.
Mobile Sounds Entertainment, Inc. does not endorse and is not responsible for any postings, which are the sole responsibility of the author. You rely on such information at your own risk.
We may remove any submission in our sole discretion for any reason. If Mobile Sounds Entertainment, Inc. deems, in its sole discretion, that you have engaged in abuse or other misconduct, Mobile Sounds Entertainment, Inc. may take whatever action it deems appropriate, including the termination of access privileges and legal action.

HYPERLINKS TO Mobile Sounds Entertainment, Inc. WEB PAGES
If you provide a link to any part of the Site or Content, such links must be to an entire page of the Site, and may not present the Site or any Content within a frame or otherwise disguise the ownership and source of the page.

Links to Mobile Sounds Entertainment, Inc. Web pages may only be in text format, and may not use marks, logos, photos, or other images without express written permission of Mobile Sounds Entertainment, Inc..

Any links to a Mobile Sounds Entertainment, Inc. page must not contain any representations or warranty with respect to Mobile Sounds Entertainment, Inc., the Site, or the Content. All links to Mobile Sounds Entertainment, Inc. sites are made at the webmaster's own risk and are used at the sole risk of the user. All links must disclaim any association or endorsement between you and Mobile Sounds Entertainment, Inc. Mobile Sounds Entertainment, Inc. reserves the right to change its site structure and filenames, which may result in broken links from external sites.

HYPERLINK DISCLAIMERS
Any links to sites operated by other entities ("Linked Sites") are provided as a courtesy only and Mobile Sounds Entertainment, Inc. makes no representations or warranties regarding such Linked Sites or their content. Mobile Sounds Entertainment, Inc. does not endorse any such Linked Sites or organizations affiliated with such sites. If you use any Linked Site, you do so at your own risk, including risk of and viruses, damage to your computer, business, or other bad Content. Linked Sites are not controlled by or otherwise managed by Mobile Sounds Entertainment, Inc. Mobile Sounds Entertainment, Inc. may discontinue any link to the Linked Site at any time without notice.

REQUESTS FOR PERMISSION
Comments, suggestions, or requests relating to this Agreement, including requests for permission to use Mobile Sounds Entertainment, Inc. Content in any form, should be directed to:

Mobile Sounds Entertainment, Inc.
P.O. Box 55
Shalimar, FL 32579

MISCELLANEOUS
Entire Agreement. This Agreement constitutes the entire Agreement between Mobile Sounds Entertainment, Inc. and you with respect to the Site and the Content and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Mobile Sounds Entertainment, Inc. with respect to the same. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default or any waiver of any breach or default other than that expressly waived in writing.

Modifications to Agreement. Mobile Sounds Entertainment, Inc. reserves the right to modify or restate any of the terms of this Agreement at any time by posting such modification or restatement on the Site. The version of this Agreement available on the Site at the time you visit the Site or download, print or otherwise use the Content shall apply to such visit or use, whether or not you have actually returned to this Agreement to review any modifications.

Electronic Communications and Electronic Signatures. You agree to be legally bound by any affirmation, assent or agreement you electronically transmit through the Site and that such affirmation, assent, or agreement will be legally binding, enforceable, and the legal equivalent of your handwritten signature.

Choice of Law. This Agreement will in all respects be governed by, interpreted, and enforced in accordance with the laws of the state of Florida without regard to its choice of laws principles. You agree that any dispute regarding this Agreement or your use of the Site or its Content will be venued in a state or federal court situated within the State of Florida, and you irrevocably submit to the personal jurisdiction of such courts for such purpose.