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Membership Agreement Terms of Service Agreement LIMITATION OF LIABILITY Karaokelistings.com is owned and operated by Webmesa Legally Binding Agreement: This agreement is a legally binding contract. Your use of this website constitutes your agreement to all of the terms contained herein. Webmesa reserves the right to modify the Terms of Service at any time. If you use our Service after we have posted changes to the Terms of Service, it means you have accepted those changed terms. It is your responsibility to review the Terms of Service each time you use our Service. Communication Medium: Webmesa is a communication medium only. Users are permitted to post listings so that other users can read and respond to them. We may change, suspend or discontinue this service at any time without prior notice. We may also impose limits on certain features or services contained in the Service without prior notice. We may also start charging a fee for certain services with prior notice. USERS WHO VIOLATE THE TERMS OF SERVICE MAY BE PERMANENTLY BANNED FROM USING THIS SERVICE. No Warranty: Webmesa does not warrant or make any representations about the suitability of the services, information, or software contained on our website for any purpose. Our service is provided "as is" or "as available" without warranty of any kind. We specifically disclaim any warranty of title, non-infringement, merchantability and fitness of use. We do not guarantee that our service will result in the sale of any service or product or the hiring of any employee or anything at all. Limitation of Liability: Under no circumstances, including negligence, will Webmesa be liable for any damages of any type including but not limited to direct, indirect, incidental, special, exemplary, or consequential damages, loss of revenues, goodwill or lost profits, personal injury, advertising injury, or property damage that result from the use of our service or the inability to use our service. Indemnity: User hereby agrees at his or her own expense, to indemnify, defend and hold Webmesa harmless from and against any loss, cost, damages, liability, or expense arising out of or relating to (1) a third-party claim, action or allegation of infringement based on information, data, files or other content that the User submits to our site; (2) any fraud, manipulation, or other breach of this Agreement by a User. No Guarantee re: Accessibility to Site: Webmesa does not guarantee continuous, uninterrupted or secure access to our website or services. Operation of our website may be interfered with and interrupted by numerous factors within or outside of our control. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES OF ANY TYPE INCLUDING BUT NOT LIMITED TO LOST PROFITS, DIRECT, INDIRECT, SPECIAL, GENERAL, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES THAT ARISE OUT OF OR IS IN ANY WAY CONNECTED WITH ANY INTERRUPTION IN SERVICE. Right to Remove: Webmesa reserves the right not to post or to remove any content posted on our website without notice and without liability to us. We are under no obligation to remove any content and we do so at our sole discretion. Users release us from any and all claims that may result from such removal. If we are made aware of comments that are potentially (1) libelous, scandalous, defamatory, offensive or otherwise unacceptable, undesirable, or objectionable, or (2) a violation of any law, regulation, or rights of a third party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander and invasion of privacy, then we may, at our sole discretion, investigate the charge and determine whether removal of the content is warranted. CONTENT AND CONDUCT Posting Policies: Information posted, linked or uploaded on or through our website must not be abusive, defamatory, obscene, fraudulent, or in violation of applicable laws. We do not permit linking to adult or x-rated websites. Prohibited Conduct: You are responsible and liable for all of your activities and listings on our website. The following conduct is not permitted: • The transmission or posting of content that is defamatory, harmful, threatening, harassing, abusive, racially offensive, vulgar, sexually explicit, pornographic or obscene. • The transmission or posting of unsolicited or unauthorized advertising, promotional materials, direct marketing pieces, junk mail, junk advertising, spam, chain letters, pyramid schemes, or any other form of solicitations not authorized by us. • The transmission of materials that contain viruses, or any type of computer codes designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. • The posting of content that is illegal, infringes on the intellectual property of another or in any way encourages or solicits illegal activity. • The posting of pornographic or x-rated material. Linking to adult websites. Offering prostitution services. • Impersonating any person or entity or mispresenting your affiliation with another person or entity. • Posting the same listing over and over to the extent that it becomes annoying to other users. We recommend that you do NOT post the same listing more than once a week. • Usernames or listings that contain obscene words, derogatory or racist remarks, or references to sexual acts or sexual anatomy. Violation of any of the above can result in the termination of user privileges. Termination of Access: Webmesa may terminate your access to the Service at any time for any reason. Once your access to the Service is terminated, you cannot engage in the Service in any manner or for any reason without the express written consent of Webmesa. Junk or Fraudulent Advertising: Webmesa reserves the right to require a name, physical address and telephone number from any user as a condition precedent for posting a listing on our site. Intellectual Property Rights: By transmitting, posting, linking or uploading content to our website or through our website, users represent and warrant that the content does not infringe upon the copyright or any other statutory or common-law intellectual property rights (including, but not limited to, trademark, service mark, and trade name rights), proprietary rights (including, but not limited to, trade secrets), or rights of privacy or publicity of any third party. INTELLECTUAL PROPERTY Ownership: Webmesa retains ownership of all right, title and interest in and to our website, our services and all content on our site. User retains ownership of content he or she posts on our site. User does not transfer ownership or copyrights by posting content on our site. User shall not reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose our services, and/or content or access to our services and content. User shall not reverse engineer, decompile, or otherwise attempt to derive source code from any software accessible or available through our services. TERMINATION AND MODIFICATION OF AGREEMENT Modification of Site: Webmesa reserves the right in our sole discretion to improve, modify or remove any information or content appearing on the website. We may discontinue or revise any or all aspects of the website in our sole discretion and without prior notice. Modification of Terms of Agreement: We reserve the right to change the terms, conditions, and notices under which this website is offered at any time. Modification of this contract will be deemed effective upon publication on the website with respect to any user's actions, communications or transactions occurring after said date. It is the user's responsibility to check the Terms of Service each time our service or website is used. Termination: We reserve the right to terminate any User for any reason, including without limitation to whenever a User breaches any of the terms or conditions of this Agreement. We may, at our sole discretion, suspend provision of services (including access) or terminate this Agreement. Whether or not a breach results in suspension or termination depends on several factors, including but not limited to the severity of the breach, the potential harm to other users or to us or the integrity of our site, and whether or not the breach is repeated or cured. Termination may be affected without any prior notice. Users agree that no liability shall arise from any termination. MISCELLANEOUS Entire Agreement: This Terms of Service Agreement constitutes the entire agreement between the User and Webmesa with respect to our services and supersedes all prior agreements between User and us. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Waiver by either party of a breach of any provision of this Agreement or the failure by either party to exercise any right hereunder shall not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right. Binding Arbitration: Any dispute, controversy, or claim arising out of, relating to, or concerning the interpretation or performance of this Agreement that cannot be resolved through negotiation shall be submitted to binding arbitration by the American Arbitration Association in accordance with its rules. Such arbitration shall occur in San Francisco, California. The American Arbitration Association shall have exclusive jurisdiction over any such dispute. Any judgment on the award rendered by the arbitrator, if any, may be entered in any court having jurisdiction thereof. Governing Law: The laws of the United States of America and the State of California (excluding its choice of law rules) will govern interpretation and enforcement of this Agreement. User hereby consents to personal jurisdiction in the federal and state courts of California for any action arising out of or relating to use of Webmesa. The federal and state courts of San Francisco County, California will have non-exclusive jurisdiction over all such actions.