Terms of Use

emcBlue reserved the right, at any time, with or without notice to you, to make changes to this agreement in emcBlue’s sole discretion. Continued use of any part of this website consitutes your acceptance of such changes. You can review the most current version of these terms by clicking on the "Terms of Use" hypertext link located at the bottom of our web pages. You are responsible for checking these terms periodically for changes. If you continue to use emcBlue after we post changes to these Terms of Use, you are signifying your acceptance of the new terms.

Certain areas of emcBlue, such as sites where you can upload or download files, may include usage guidelines and additional terms and rules that will supplement these Terms of Use. By using those services on emcBlue.com, you agree to comply with such guidelines and rules.

To access this site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If emcBlue believes the information you provide is not correct, current, or complete, emcBlue has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time.

The sites linked from emcBlue are not under emcBlue's control, and emcBlue does not assume any responsibility or liability for any communications or materials available at such linked sites. emcBlue does not intend links on the emcBlue site to be referrals or endorsements of the linked entities.

Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with emcBlue. emcBlue has not reviewed any or all of such sites and is not responsible for the content of those sites. emcBlue is not responsible for web-casting or any other form of transmission received from any hyper-linked site. Hyper-links are to be accessed at the user's own risk, and emcBlue makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. emcBlue hyper-links as a convenience, and the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by emcBlue of that site or any association with its operators.

The services, information or data (collectively, "Information") made available at emcBlue are provided "AS IS", without warranties of any kind. emcBlue expressly disclaims any and all representations and warranties, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. emcBlue shall have absolutely no liability in connection with the services including without limitation, any liability for damage to your computer hardware, data, information, Materials and business resulting from the Information or the lack of information available on the emcBlue web site. emcBlue shall have no liability for:

I. Any loss or injury caused, in whole or in part, by its actions, omissions, or negligence, or
for contingencies beyond its control, in procuring, compiling, or delivering the Information;
II. Any errors, omissions, or inaccuracies in the Information regardless of how caused, or
delays or interruptions in delivery of the Information; or
III. Any decision made or action taken or not taken in reliance upon the Information furnished
hereunder.

emcBlue makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Information or that the Information may be relied upon for any reason. emcBlue makes no warranty, representation or guaranty that the Information will be uninterrupted or error free or that any defects can be corrected or that this site or the server that makes it available are free of viruses or other harmful components. For purposes of this section, "emcBlue" shall include Executive Music Company, and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.

You understand that emcBlue cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data.

emcBlue makes no warranties that your use of the content will infringe the rights of others and assumes no liability or responsibility for errors or omissions in such content.

You, and not emcBlue, assume the entire cost of all necessary servicing, repair or correction in the event of any loss or damage arising from the use of emcBlue.

Under no circumstances shall emcBlue be liable for any losses or damages whatsoever, whether in contract, tort or otherwise, from your use of, or reliance on, the Information, or from the use of the Internet generally. emcBlue will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if emcBlue has been advised of the possibility of such damages.

In no event will the collective liability of emcBlue and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort or otherwise) exceed the amount you have paid to emcBlue for the applicable content or service of which liability arose.

For purposes of this section, "emcBlue" shall include Executive Music Company, and its divisions, affiliates, licensors, service providers, content providers, subsidiaries, successors, parent companies, and their employees, officers, directors, partners, principals, agents and representatives, and any third-party providers or sources of information or data.

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and emcBlue does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer accurate or complete.

We, our suppliers, and our users who lawfully post text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") on emcBlue own the property rights to that Content. The Content is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights. For example, we own a copyright in the selection, organization, arrangement, and enhancement of the Content, as well as in our original Content. The look and feel of our color combinations, button shapes, and other graphical elements on emcBlue are our trademarks. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates emcBlue’s and/or other user’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on emcBlue.

I. The content on emcBlue, except all User Submissions (as defined below), including without limitation,
the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to emcBlue, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you “AS IS” for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. emcBlue reserves all rights not expressly granted in and to the Website and the Content.

II. You may access User Submissions solely:

• For your information and personal use;
• as intended through the normal functionality of the emcBlue Service; and
• for Streaming.

"Streaming" means a contemporaneous digital transmission of a sound recording via the Internet from the emcBlue Service to a user's device in such a manner that the data is intended for real-time listening and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User sound recordings for any purpose or in any manner other than Streaming is expressly prohibited. User sound recordings are made available "AS IS."

III. User Comments and Reviews are made available to you for your information and personal use solely
as intended through the normal functionality of the emcBlue Service. User Comments and Reviews are made available "AS IS", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the emcBlue Service or otherwise as prohibited under this Agreement.

IV. You may access emcBlue Content, User Submissions and other content only as permitted under this
Agreement. emcBlue reserves all rights not expressly granted in and to the emcBlue Content and the emcBlue Service.

V. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly
permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.

VI. You agree not to circumvent, disable or otherwise interfere with security-related features of emcBlue
or features that prevent or restrict use or copying of any Content or enforce limitations on use of emcBlue or the Content therein.

VII. You understand that when using emcBlue, you will be exposed to User Submissions from a variety
of sources, and that emcBlue is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against emcBlue with respect thereto, and agree to indemnify and hold emcBlue, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site. For purposes of this section, "emcBlue" shall include Executive Music Company, and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.

As an emcBlue account holder you may submit sound recordings ("User Audio Content"), graphical media or pictures (“User Images”) and textual content ("User Comments and Reviews"). User Audio Content, User Images, and User Comments and Reviews are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, emcBlue does not guarantee any confidentiality with respect to any User Submissions.

I. You shall be solely responsible for your own User Submissions and the consequences of posting
or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize emcBlue to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.

II. For clarity, you retain all of your ownership rights in your User Submissions. However, by submit
ting User Submissions to emcBlue, you hereby grant emcBlue a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the emcBlue Website and emcBlue's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the emcBlue Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of emcBlue a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Submissions terminate within a commercially reasonable time after you remove or delete your User Submissions from the emcBlue Service. You understand and agree, however, that emcBlue may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments and Reviews are perpetual and irrevocable.

III. In connection with User Submissions, you further agree that you will not submit material that is
copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant emcBlue all of the license rights granted herein.

IV. emcBlue does not endorse any User Submission or any opinion, recommendation, or advice
expressed therein, and emcBlue expressly disclaims any and all liability in connection with User Submissions. emcBlue does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and emcBlue will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. emcBlue reserves the right to remove Content and User Submissions without prior notice.

Under no circumstances shall emcBlue be liable for Content that is provided by others. We have no duty to pre-screen Content, but we have the right to refuse to post or to edit submitted Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material.

You may use this site for only purposes expressly permitted by this site. As a condition of your use of emcBlue you warrant to emcBlue that you will not use the website(s) for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to:

i. Co-brand this site;
ii. Frame this site;
iii. Cover or obscure the banner advertisements on your personal profile page, or any emcBlue page
via HTML/CSS or any other means; or
iv. Hyper-link to this site, without the express prior written permission of an authorized representative
of emcBlue.

For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with emcBlue in causing any unauthorized co-branding, framing or hyper-linking immediately to cease. In addition, you may not use emcBlue in any manner which could disable, overburden, damage, or impair the website or interfere with any other party's use and enjoyment of the website. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website.

Restrictions on hyper-linking does not include hyper-linking from another site to your personal emcBlue webpage via your “EMC LINK.”

Use of emcBlue is for your personal and non-commercial use, unless otherwise specified. You may not use this site for any other purpose, including any commercial purpose, without emcBlue’s express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to emcBlue.

Prohibited commercial uses do not include:

I. Uploading an original sound recording to emcBlue to promote your business or artistic enterprise;
II. Uploading personal images and pictures to promote your business or artistic enterprise;
III. Using your emcBlue URL (EMC LINK), to link from another website, forum, or blog, to your profile
page, to promote your business or artistic enterprise;
IV. Uploading an Ad Banner to emcBlue in the provided Banner or Logo Space on your pofile page;
V. Any use that emcBlue expressly authorizes in writing.

You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the emcBlue Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

In addition, you agree not to use the Service or the Site to:

I. Harvest or collect email addresses or other contact information of other users from the Service or
the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
II. Use the Service or the Site in any unlawful manner or in any other manner that could damage,
disable, overburden or impair the Site;
III. Use automated scripts to collect information from or otherwise interact with the Service or the Site; IV. Upload, post, transmit, share, store or otherwise make available any content that we deem to be
harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
V. Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or
your affiliation with any person or entity;
VI. Upload, post, transmit, share or otherwise make available any unsolicited or unauthorized adver
tising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
VII. Upload, post, transmit, share, store or otherwise make publicly available on the Site any private
information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
VIII. Solicit personal information from anyone under 18 or solicit passwords or personally identifying
information for commercial or unlawful purposes;
IX. Upload, post, transmit, share or otherwise make 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;
X. Intimidate or harass another;
XI. Upload, post, transmit, share, store or otherwise make available content that would constitute,
encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
XII. Use or attempt to use another's account, service or system without authorization from emcBlue, or
create a false identity on the Service or the Site.
XIII. Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment
of emcBlue, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose emcBlue or its users to any harm or liability of any type.

As an emcBlue user, you may leave comments and/or reviews on personal web pages of fellow users. emcBlue contains comment forms, forums, rating and review forms, bulletin board services, chat areas, message boards, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, "Communications Service"). You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the particular Communication Service.

A. When using this Communication Service, you agree that you will not post, send, submit, publish,
or transmit in connection with this site any material that:

• You do not have the right to post, including proprietary material of any third party, such as
files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);
• Reveals personal telephone numbers, street addresses, or last names;
• Contains restricted or password only access pages or hidden pages or images (those not
linked to or from another accessible page);
• Promotes an illegal or unauthorized copy of another person's copyrighted work, such as
providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
• Does not pertain directly to this site;
• Threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, porno
graphic, racist, abusive, harassing, threatening or offensive;
• Seeks to exploit or harm children by exposing them to inappropriate content, asking for
personally identifiable details or otherwise;
• Harvests or otherwise collects information about others, including e-mail
addresses, without their consent;
• Violates any law or may be considered to violate any law;
• Impersonates or misrepresents your connection to any other entity or person or otherwise
manipulates headers or identifiers to disguise the origin of the content;
• Falsifies or deletes any author attributions, legal or other proper notices or propri
etary designations or labels of the origin or source of software or other material contained in a file that is permissible uploaded;
• Advertises any commercial endeavor (e.g., offering for sale products or services) or other
wise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
• Solicits funds, advertisers or sponsors except as may be specifically authorized on
this site;
• Includes programs that contain viruses, worms and/or Trojan horses or any other computer
code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
• Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are
able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
• Amounts to a "pyramid" or other like scheme, including contests, chain letters, and surveys;
• Disobeys any policy or regulations including any code of conduct or other guidelines,
established from time to time regarding use of this site or any networks connected to this site; or
• Contains hyper-links to other sites that contain content that falls within the descriptions set
forth above.

B. When using this Communication Service, you further agree that you will not:

• Sell or otherwise transfer your profile;
• Interfere with, disrupt, or create an undue burden on emcBlue’s Services or the networks
or services connected to the emcBlue Service;
• Attempt to impersonate another user or person;
• Cover or obscure the banner advertisements on your personal profile page, or any
emcBlue page via HTML/CSS or any other means;
• Make any automated use of the system, such as using scripts to add friends or send
comments, reviews, ratings, or messages;
• Display an advertisement on your profile, or accept payment or anything of value from a
third person in exchange for your performing any commercial activity on or through the emcBlue Service on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your “Featured Buddies,” or sending private messages with a commercial purpose;
• Use any information obtained from the emcBlue Service in order to harass, abuse
or harm another person;
• Use the account, username, or password of another User at any time or disclose your
password to any third party or permit any third party to access your account;
• Use the emcBlue Service in a manner inconsistent with any and all applicable laws and
regulations.

C. When using this Communication Service, you further acknowledge that:

• The rating, reviews and comment systems that emcBlue has put in place are for actual
feedback only, and will not be used to obscure, injure, harass, or otherwise tamper with other users use and enjoyment of the site. If emcBlue finds that you have been abusing or tampering with the rating system(s) in any way, emcBlue reserves the right to terminate your access to and use of the website.
• emcBlue reserves the right to monitor use of this site to determine compliance with these
Terms of Use, as well as the right to remove or refuse any information for any reason. emcBlue reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. emcBlue also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Materials uploaded to emcBlue are subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials.
• You remain solely responsible for the content of your submissions. You acknowledge and
agree that neither emcBlue nor any third party that provides Content to emcBlue will assume or have any liability for any action or inaction by emcBlue or such third party with respect to any submission. emcBlue cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. emcBlue does not control or endorse the content, messages or information found in any Communication Service and, consequently, emcBlue specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized emcBlue spokespersons, and their views do not necessarily reflect those of emcBlue.

You acknowledge that all content posted by emcBlue users registered as Artist, Band, Producer, or DJ is fully accessibly by the public. No security measures have been provided to such users. Fans may limit access to their comments via their Security Setting.

Your right to use emcBlue automatically terminates if you violate these Terms of Use or any rules or guidelines posted in connection with emcBlue.

emcBlue reserves the right to terminate your membership, delete your profile and any and all content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 13, or under 18 and not in high school or college.

Upon a request by us, you agree to defend, indemnify, and hold emcBlue, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

For purposes of this section, "emcBlue" shall include Executive Music Company, and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.

Any passwords used for this site are for the users individual use only. You will be responsible for the security of your password. emcBlue will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that emcBlue considers insecure, emcBlue will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, emcBlue reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. emcBlue reserves the right to investigate suspected violations of these Terms of Use.

emcBlue reserves the right to fully cooperate with any law enforcement authorities or court order requesting or direction emcBlue to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. By Accepting this agreement you waive and hold harmless emcBlue from any claims resulting from any action taken by emcBlue during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either emcBlue or law enforcement authorities.

Trademarks, service marks, logos, and copyrighted works appearing in this site are the property of emcBlue or the party that provided the trademarks, services marks, logos, and copyrighted works to emcBlue. emcBlue and any party that provided trademarks, service marks, logos, and copyrighted works to emcBlue retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this site.

Pursuant to Title 17, United States Code, Section 512(c)(3), notifications of claimed copyright infringement should be sent to the Service Provider's Designated Agent.

We make no representation that Content on emcBlue is appropriate or available for use in locations outside the United States, and accessing it from territories where the Content is illegal is prohibited. If you choose to access emcBlue from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.

You agree that: (i) the emcBlue Website shall be deemed solely based in New Jersey; and (ii) the emcBlue Website shall be deemed a passive website that does not give rise to personal jurisdiction over emcBlue, either specific or general, in jurisdictions other than New Jersey. These Terms of Use will be governed and interpreted pursuant to the laws of New Jersey, United States of America, notwithstanding any principles of conflicts of law, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You specifically consent to personal jurisdiction in Essex County, New Jersey in connection with any dispute between you and emcBlue arising out of these Terms of Use or pertaining to the subject matter hereof, and you hereby waive claims that you might otherwise have against emcBlue in other jurisdictions. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use will be in the state and federal courts in New Jersey.

This contract and any supplemental terms, policies, rules and guidelines posted on emcBlue constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable by a court of competent jurisdiction, 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 invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service.

No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and emcBlue's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. emcBlue reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and emcBlue as a result of this agreement or use of the emcBlue site.

These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and emcBlue with respect to the emcBlue site.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

YOU AND EMCBLUE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE EMCBLUE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA"), Title 17, United States Code, Section 512(c)(3), by providing our Copyright Agent with substantially all of the following information in writing:

• A physical or electronic signature of the owner (or person authorized to act on behalf of the owner)
of an exclusive right that is allegedly infringed;
• Specific identification of the copyrighted work claimed to have been infringed, or if multiple
copyrighted works are covered by a single notification, a list of each copyrighted work claimed to have been infringed;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity
and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (e.g. title of work, location within the emcBlue site, etc.);
• Information reasonably sufficient to permit the service provider to contact you, such as an address,
telephone number, and, if available, an electronic mail;
• A statement that you have a good faith belief that use of the material in the manner complained of
is not authorized by the copyright owner, its agent, or the law;
• A statement requesting that emcBlue take specific action with respect to the alleged infringement
(e.g., removal, restrict or disable access); and
• A statement that the information in the notification is accurate, and under penalty of perjury, that
you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:

• Your physical or electronic signature;
• Identification of the content that has been removed or to which access has been disabled
and the location at which the content appeared before it was removed or disabled;
• A statement that you have a good faith belief that the content was removed or disabled as a result
of mistake or a misidentification of the content; and
• Your name, address, telephone number, and e-mail address, a statement that you consent to the
jurisdiction of the federal court in Newark, New Jersey, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, emcBlue may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 14 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 14 to 21 business days or more after receipt of the counter-notice, at emcBlue's sole discretion.

emcBlue's designated agent for notice of claims of copyright infringement related to the emcBlue site, Executive Music Company and all affiliated web pages is as follows:

Designated Agent:
Nexus U. Sea
General Counsel and Corporate Secretary

Mail to:
Executive Music Company
P.O. Box 336
South Orange, N.J. 07079
Telephone: (954) 670-9255
Email: copyright@emcblue.com

Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.

Your use of the emcBlue Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.